R. v. Munn (W.F.), (1990) 103 N.B.R.(2d) 354 (CA)

• Judge: Stratton, C.J.N.B., Hoyt and Rice, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: January 16, 1990
• Jurisdiction: New Brunswick
• Citations: (1990), 103 N.B.R.(2d) 354 (CA)

R. v. Munn (W.F.) (1990), 103 N.B.R.(2d) 354 (CA);

    103 R.N.-B.(2e) 354; 259 A.P.R. 354

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Her Majesty The Queen (appellant) v. Willis Frank Munn (respondent)

(173/89/CA)

Indexed As: R. v. Munn (W.F.)

New Brunswick Court of Appeal

Stratton, C.J.N.B., Hoyt and Rice, JJ.A.

January 16, 1990.

Summary:

The Crown appealed a sentence of 18 months' imprisonment for an assault upon a five year old boy.

The New Brunswick Court of Appeal allowed the appeal and varied the sentence.

Criminal Law - Topic 5861

Sentence - Assault - 31 year old accused sentenced to 18 months' imprisonment for assault upon the five year old son of his common law wife - Lengthy criminal record - Sporadic employment record - Greater part of adult life spent in provincial or federal correctional institutions - Violent temper - Third conviction for assault upon young children - On probation for a similar offence - Sentenced to two months' consecutive for breach of probation (not appealed) - The New Brunswick Court of Appeal increased sentence to 22 months' imprisonment less one day followed by two years' probation.

Statutes Noticed:

Criminal Code, R.C.S. 1985, c. C-46, sect. 266(a) [para. 1]; sect. 737(4) [para. 7].

Counsel:

William J. Corby, for the appellant;

Daniel C. Watters, for the respondent.

This appeal was heard before Stratton, C.J.N.B., Hoyt and Rice, JJ.A., of the New Brunswick Court of Appeal.

On January 16, 1990, the following judgment was delivered by the Court of Appeal.