R. v. Shannon, (1991) 4 B.C.A.C. 99 (CA)

JudgeLambert, Locke and Gibbs, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateSeptember 18, 1991
JurisdictionBritish Columbia
Citations(1991), 4 B.C.A.C. 99 (CA)

R. v. Shannon (1991), 4 B.C.A.C. 99 (CA);

    9 W.A.C. 99

MLB headnote and full text

Regina (respondent) v. James William Shannon (appellant)

(CA013116)

Indexed As: R. v. Shannon

British Columbia Court of Appeal

Lambert, Locke and Gibbs, JJ.A.

September 18, 1991.

Summary:

The accused was convicted of attempted murder and was sentenced to seven years' imprisonment. The accused applied for leave to appeal the sentence.

The British Columbia Court of Appeal granted leave, but dismissed the appeal.

Criminal Law - Topic 5881

Sentence - Attempted murder - The accused and his wife were separated for 10 years - The accused was camping with his 11 year old son and called the wife to come - The accused repeatedly struck and stabbed his wife - When she fell to the ground the accused walked away, then returned and repeatedly stabbed her again - The accused again walked away and returned to slit her throat and stab her in the chest - The accused then left without summoning help - The accused had no related record and was remorseful - The trial judge sentenced the accused to seven years' imprisonment - The British Columbia Court of Appeal dismissed the accused's sentence appeal.

Counsel:

C.M. Norris, for the appellant;

   W.F. Ehrcke, for the respondent.

This appeal was heard on September 18, 1991, before Lambert, Locke and Gibbs, JJ.A., of the British Columbia Court of Appeal.

On September 18, 1991, Lambert, J.A., delivered the following judgment orally for the Court of Appeal.

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5 practice notes
  • R. v. Fitzmaurice (M.R.), (2001) 160 B.C.A.C. 79 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • October 30, 2001
    ...- The British Columbia Court of Appeal affirmed that a sentence of five years' imprisonment was fit. Cases Noticed: R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99 (C.A.), refd to. [para. R. v. Fitzpatrick (1991), 5 B.C.A.C. 82; 11 W.A.C. 82 (C.A.), refd to. [para. 4]. R. v. Jiany-Yaghooby......
  • R. v. McFarlen (K.), [2009] B.C.T.C. Uned. 1201
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • August 11, 2009
    ...there was premeditation, that is to say, a plan to commit the murders in the perspective of a murder-suicide. [70] In R. v. Shannon (1991), 4 B.C.A.C. 99, the accused was convicted of the attempted murder of his estranged wife by stabbing her a number of times and cutting her throat. He had......
  • R. v. Cooper (G.), (1996) 140 Nfld. & P.E.I.R. 137 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • April 19, 1996
    ...Sask.R. 315 (C.A.), consd. [para. 32]. R. v. Gould (1990), 96 N.S.R.(2d) 123; 253 A.P.R. 123 (C.A.), consd. [para. 34]. R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99 (C.A.), consd. [para. R. v. Stringer (H.T.) (1992), 96 Nfld. & P.E.I.R. 30; 305 A.P.R. 30 (Nfld. C.A.), consd. [para. ......
  • R. v. Khamphila (N.T.), (1998) 71 O.T.C. 241 (GD)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • April 24, 1998
    ...94 O.A.C. 58 (C.A.), refd to. [para. 74]. R. v. Sanker (1993), 22 W.C.B.(2d) 240 (Ont. Gen. Div.), refd to. [para. 74]. R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99; 14 W.C.B.(2d) 240 (C.A.), refd to. [para. R. v. Victor (1989), 8 W.C.B.(2d) 219 (Ont. Dist. Ct.), varied (1991), 12 W.C.B......
  • Request a trial to view additional results
5 cases
  • R. v. Fitzmaurice (M.R.), (2001) 160 B.C.A.C. 79 (CA)
    • Canada
    • British Columbia Court of Appeal (British Columbia)
    • October 30, 2001
    ...- The British Columbia Court of Appeal affirmed that a sentence of five years' imprisonment was fit. Cases Noticed: R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99 (C.A.), refd to. [para. R. v. Fitzpatrick (1991), 5 B.C.A.C. 82; 11 W.A.C. 82 (C.A.), refd to. [para. 4]. R. v. Jiany-Yaghooby......
  • R. v. McFarlen (K.), [2009] B.C.T.C. Uned. 1201
    • Canada
    • British Columbia Supreme Court of British Columbia (Canada)
    • August 11, 2009
    ...there was premeditation, that is to say, a plan to commit the murders in the perspective of a murder-suicide. [70] In R. v. Shannon (1991), 4 B.C.A.C. 99, the accused was convicted of the attempted murder of his estranged wife by stabbing her a number of times and cutting her throat. He had......
  • R. v. Cooper (G.), (1996) 140 Nfld. & P.E.I.R. 137 (NFTD)
    • Canada
    • Newfoundland and Labrador Supreme Court of Newfoundland and Labrador (Canada)
    • April 19, 1996
    ...Sask.R. 315 (C.A.), consd. [para. 32]. R. v. Gould (1990), 96 N.S.R.(2d) 123; 253 A.P.R. 123 (C.A.), consd. [para. 34]. R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99 (C.A.), consd. [para. R. v. Stringer (H.T.) (1992), 96 Nfld. & P.E.I.R. 30; 305 A.P.R. 30 (Nfld. C.A.), consd. [para. ......
  • R. v. Khamphila (N.T.), (1998) 71 O.T.C. 241 (GD)
    • Canada
    • Ontario Ontario Court of Justice General Division (Canada)
    • April 24, 1998
    ...94 O.A.C. 58 (C.A.), refd to. [para. 74]. R. v. Sanker (1993), 22 W.C.B.(2d) 240 (Ont. Gen. Div.), refd to. [para. 74]. R. v. Shannon (1991), 4 B.C.A.C. 99; 9 W.A.C. 99; 14 W.C.B.(2d) 240 (C.A.), refd to. [para. R. v. Victor (1989), 8 W.C.B.(2d) 219 (Ont. Dist. Ct.), varied (1991), 12 W.C.B......
  • Request a trial to view additional results

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