R. v. Myers, (1979) 18 A.R. 136 (TD)

• Judge: Quigley, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: January 29, 1979
• Citations: (1979), 18 A.R. 136 (TD)

R. v. Myers (1979), 18 A.R. 136 (TD)

MLB headnote and full text

R. v. Myers

(142720)

Indexed As: R. v. Myers

Alberta Supreme Court

Trial Division

Judicial District of Calgary

Quigley, J.

January 29, 1979.

Summary:

This headnote contains no summary.

Habeas Corpus - Topic 1505

Bars to issuance of writ - Existence of statutory appeal - The accused was convicted of an offence under the Income Tax Act and was sentenced to a term of imprisonment - The accused applied for an order in the nature of habeas corpus on the ground that the trial judge in sentencing erred in his interpretation of a section of the Income Tax Act - The Alberta Supreme Court, Trial Division, dismissed the application on the ground that, where there was an appeal under s. 771 of the Criminal Code of Canada on the issue of the alleged error of law by the trial judge, habeas corpus did not lie.

Cases Noticed:

Ex parte Risby (1975), 24 C.C.C.(2d) 211, appld. [para. 13].

R. v. Heins (1956), 114 C.C.C. 244, not folld. [para. 16].

R. v. Canadian Pacific Ltd. (1976), 1 A.R. 177; 32 C.C.C.(2d) 14, appld. [para. 18].

R. v. Cuthill (1976), 1 A.R. 214; 32 C.C.C.(2d) 495, appld. [para. 18].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 771(1) [para. 15].

Counsel:

W.J. Major, Q.C. and J.P. Stopa, for the Crown;

J.J. Marshall and S.M. Chumir, for the defence.

This case was heard at Calgary, Alberta, before QUIGLEY, J., of the Alberta Supreme Court, Trial Division, Judicial District of Calgary, who delivered the following judgment on January 29, 1979: