R. v. Sayers and McCoy, (1983) 1 O.A.C. 239 (CA)

• Judge: Lacourcière, Thorson and Cory, JJ.A.
• Court: Court of Appeal (Ontario)
• Case Date: November 17, 1983
• Jurisdiction: Ontario
• Citations: (1983), 1 O.A.C. 239 (CA)

R. v. Sayers (1983), 1 O.A.C. 239 (CA)

MLB headnote and full text

R. v. Sayers and McCoy

Indexed As: R. v. Sayers and McCoy

Ontario Court of Appeal

Lacourcière, Thorson and Cory, JJ.A.

November 30, 1983.

Summary:

The accused were acquitted on three counts of robbery, but convicted of the included offences of theft over $200. The Crown appealed.

The Ontario Court of Appeal allowed the appeal, set aside the convictions for theft and substituted convictions for robbery.

Criminal Law - Topic 1722

Offences against property - Robbery - Elements of - The Ontario Court of Appeal stated that the constituent element of robbery under s. 302(a) of the Criminal Code of Canada was some act of violence or a reasonable apprehension of physical injury to the person robbed - See paragraph 14.

Criminal Law - Topic 1722

Offences against property - Robbery - Elements of - The Ontario Court of Appeal held that a trial judge erred in, inter alia, considering irrelevant matters, including the maximum penalty for robbery, in determining whether the ingredients of the offence of robbery were established - See paragraphs 12 to 13.

Criminal Law - Topic 1726

Offences against property - Robbery - What constitutes - Two accused entered a bank - One stood guard while the other jumped onto the tellers' counter, pointed with two fingers on each hand and said "This is a robbery in progress" - He proceeded to three tellers and screamed at one to open a locked cash drawer - The Ontario Court of Appeal held that the accused were guilty of robbery because the tellers were in reasonable apprehension of physical harm - See paragraphs 14 to 16.

Words and Phrases

Threats of violence - The Ontario Court of Appeal discussed the meaning of the phrase "threats of violence" as found in the definition of robbery in s. 302(a) of the Criminal Code of Canada, R.S.C. 1970, c. C-34 - See paragraphs 14 to 16.

Cases Noticed:

R. v. Katrensky (1975), 24 C.C.C.(2d) 350, refd to. [para. 12].

R. v. Thieriault (1981), 61 C.C.C.(2d) 175, refd to. [para. 12].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 302(a) [para. 11].

Authors and Works Noticed:

Snow's Criminal Code of Canada (6th Ed. 1955), pp. 250-251 [para. 14].

Counsel:

David A. Fairgrieve, for the appellant;

David M. Cohn, for the respondent, Patrick Sayers;

Alan A. Glass, for the respondent, Hubert McCoy.

This appeal was heard before Lacourciere, Thorson and Cory, JJ.A., of the Ontario Court of Appeal, on November 17, 1983. The decision of the Court was delivered orally by Lacourciere, J.A., and released on November 30, 1983.