R. v. Organ, (1979) 2 Man.R.(2d) 211 (CA)

JudgeMonnin, Hall and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateOctober 25, 1979
JurisdictionManitoba
Citations(1979), 2 Man.R.(2d) 211 (CA)

R. v. Organ (1979), 2 Man.R.(2d) 211 (CA)

MLB headnote and full text

R. v. Organ

Indexed As: R. v. Organ

Manitoba Court of Appeal

Monnin, Hall and Huband, JJ.A.

October 25, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5861

Sentence - Assault - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 245 - The accused and a friend, who were out drinking, thought they were insulted by two men, who unknown to them were plain clothes policemen - A scuffle ensued during which the accused's friend stabbed one of the policemen with a small knife and the accused struck him harmlessly with a metal rod - The policeman shot and killed the accused's friend and wounded the accused - The accused was convicted of common assault and possession of a weapon for a purpose dangerous to the public peace and was acquitted of attempted murder and assault with intent to cause bodily harm - The accused was a 25 year old university graduate of excellent character and work habits - The trial judge sentenced the accused to the maximum of six months' imprisonment for common assault and three years concurrent imprisonment for possession of a weapon for a purpose dangerous to the public peace - The Manitoba Court of Appeal affirmed the sentence of six months' imprisonment for assault, but reduced the concurrent sentence for possession of a weapon to six months' imprisonment.

Criminal Law - Topic 5871

Sentence - Possession of a weapon dangerous to the public peace - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 85 - The accused and a friend, who were out drinking, thought they were insulted by two men, who unknown to them were plain clothes policemen - A scuffle ensued during which the accused's friend stabbed one of the policemen with a small knife and the accused struck him harmlessly with a metal rod - The policeman shot and killed the accused's friend and wounded the accused - The accused was convicted of common assault and possession of a weapon for a purpose dangerous to the public peace and was acquitted of attempted murder and assault with intent to cause bodily harm - The accused was a 25 year old university graduate of excellent character and work habits - The trial judge sentenced the accused to the maximum of six months' imprisonment for common assault and three years concurrent imprisonment for possession of a weapon for a purpose dangerous to the public peace - The Manitoba Court of Appeal affirmed the sentence of six months' imprisonment for assault, but reduced the concurrent sentence for possession of a weapon to six months' imprisonment.

Cases Noticed:

R. v. Kienapple (1974), 1 N.R. 322; [1975] 1 S.C.R. 729, refd to. [para. 14].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 85, sect. 245.

Counsel:

D. Abra, for the respondent;

G.G. Brodsky, Q.C., for the accused/appellant.

This case was heard on October 25, 1979, at Winnipeg, Manitoba, before MONNIN, HALL and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On October 25, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

HUBAND, J.A. - see paragraphs 1 to 18;

MONNIN, J.A., dissenting in part - see paragraphs 19 to 20.

HALL, J.A., concurred with HUBAND, J.A.

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