R. v. Parisien, (1979) 1 Sask.R. 155 (CA)

• Judge: Culliton, C.J.S., Hall and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: December 11, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 1 Sask.R. 155 (CA)

R. v. Parisien (1979), 1 Sask.R. 155 (CA)

MLB headnote and full text

R. v. Parisien

(No. 8182)

Indexed As: R. v. Parisien

Saskatchewan Court of Appeal

Culliton, C.J.S., Hall and Bayda, JJ.A.

December 11, 1979.

Summary:

This case arose out of two charges of robbery contrary to s. 303 of the Criminal Code of Canada. The trial judge convicted the accused on both charges and sentenced the accused to two consecutive six year terms of imprisonment. The accused appealed to the Saskatchewan Court of Appeal.

The Saskatchewan Court of Appeal affirmed the conviction of the accused on both charges but reduced the sentence of imprisonment to two consecutive four year terms of imprisonment.

Criminal Law - Topic 5041

Appeals - Indictable offences - Dismissal of appeal if error resulted in no miscarriage of justice - Criminal Code, s. 613(1)(b) - Where jury charge in error - The Saskatchewan Court of Appeal affirmed a conviction on a charge of robbery - The Court of Appeal stated that, even if the trial judge misdirected himself, the misdirection did not result in a miscarriage of justice because the evidence of guilt was so convincing - See paragraphs 22 to 25.

Criminal Law - Topic 5804

Sentencing - General principles - Consecutive sentences, reduced total term - The accused was convicted of two charges of robbery and was sentenced to two consecutive six year terms of imprisonment - The Saskatchewan Court of Appeal considered the circumstances of the offences and the total sentence of imprisonment and reduced the sentence to four years imprisonment for each charge to be served consecutively - See paragraph 26.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 178.13(2) [para. 20]; sect. 613(1)(b) [para. 25].

Counsel:

G.N. Allbright, for the appellant;

D. Murray Brown, for the Crown.

This appeal was heard by CULLITON, C.J.S., HALL and BAYDA, JJ.A.

The judgment of the Saskatchewan Court of Appeal was delivered by HALL, J.A., at Regina, Saskatchewan, on December 11, 1979.