R. v. Robertson, (1982) 41 N.B.R.(2d) 705 (CA)

• Judge: Hughes, C.J.N.B., Ryan and Angers, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: June 09, 1982
• Jurisdiction: New Brunswick
• Citations: (1982), 41 N.B.R.(2d) 705 (CA)

R. v. Robertson (1982), 41 N.B.R.(2d) 705 (CA);

    41 R.N.-B.(2e) 705; 107 A.P.R. 705

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Sommaire et texte intégral

[French language version follows English language version]

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

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R. v. Robertson

(57/82/CA)

Indexed As: R. v. Robertson

Répertorié: R. v. Robertson

New Brunswick Court of Appeal

Hughes, C.J.N.B., Ryan and Angers, JJ.A.

June 9, 1982.

Summary:

Résumé:

The accused was convicted and sentenced on a charge of rape contrary to s. 144 of the Criminal Code. The Crown applied for leave to appeal his sentence.

The New Brunswick Court of Appeal dismissed the application.

Criminal Law - Topic 4906

Appeals - Indictable offences - Procedure - Application for leave to appeal - General - The New Brunswick Court of Appeal dismissed the Crown's application for leave to appeal a rape sentence, because the trial transcript was not available and the Crown and defence could not agree on all the facts.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 144 [para. 1].

Counsel:

Randy Di Paola, for the appellant;

Glen Larsen, for the respondent.

This application was heard on June 9, 1982, by HUGHES, C.J.N.B., RYAN and ANGERS, JJ.A., of the New Brunswick Court of Appeal.

On June 1982, HUGHES, C.J.N.B., delivered the following oral decision for the Court of Appeal.

A French translation follows the English language judgment.