R. v. Pyburn (B.W.), [1966] N.B. Law News No. 73 (CA)

JudgeRitchie, Limerick and West, JJ.A.
CourtCourt of Appeal (New Brunswick)
Case DateJanuary 01, 1966
JurisdictionNew Brunswick
Citations[1966] N.B. Law News No. 73 (CA)

R. v. Pyburn (B.W.), [1966] N.B. Law News No. 73 (CA)

MLB Law News

Her Majesty The Queen (plaintiff) v. Benjamin Workman Pyburn (defendant)

Indexed As: R. v. Pyburn (B.W.)

New Brunswick Supreme Court

Appeal Division

Ritchie, Limerick and West, JJ.A.

1966.

Summary:

Preventive Detention - Appeal dismissed from a decision of County Court Judge dismissing an application for preventive detention by Crown against accused Pyburn. Held judicial discretion of County Court Judge was not shown to be clearly wrong in refusing to allow preventive detention where the accused was already under unexpired sentence of 7 1/2 years.

Criminal Law - Topic 6502

Habitual criminals - Preventive detention - Considerations and conditions precedent - See paragraphs 1 to 61.

Editor's Note: As of 2005 the Court of Appeal decision was not available at the Provincial Archives. However, the decision of the County Court Judge was available and is reported below for the reader's convenience.

Counsel:

H.W. Hickman, Q.C., for the Crown;

The respondent, representing himself.

This appeal was heard before Ritchie, Limerick and West, JJ.A., of the New Brunswick Supreme Court, Appeal Division. The decision of the court was rendered in 1966.

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