R. v. Shea, (1979) 1 Man.R.(2d) 250 (CA)

• Judge: Freedman, C.J.M., Monnin, Hall, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 31, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 250 (CA)

R. v. Shea (1979), 1 Man.R.(2d) 250 (CA)

MLB headnote and full text

R. v. Shea

Indexed As: R. v. Shea

Manitoba Court of Appeal

Freedman, C.J.M., Monnin, Hall, O'Sullivan and Huband, JJ.A.

May 31, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5851

Sentence - Break, enter and theft - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 306(1) - The accused 21 year old man, who was drunk, broke into a restaurant to steal money, where he was arrested - The accused was on probation and had a long criminal record, including seven convictions for break, enter and theft - The accused pleaded guilty to break, enter and theft and was sentenced to three years imprisonment - The Manitoba Court of Appeal dismissed the appeal of the accused and affirmed the sentence.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 306(1).

Counsel:

D.N. Abra, for the respondents;

The accused/appellant in person.

This case was heard on May 31, 1979, at Winnipeg, Manitoba, before FREEDMAN, C.J.M., MONNIN, HALL, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On May 31, 1979, the judgment of the Court of Appeal was orally delivered and the following opinions were given:

FREEDMAN, C.J.M. - see paragraphs 1 to 4;

O'SULLIVAN, J.A., dissenting - see paragraphs 5 to 7.

MONNIN, HALL and HUBAND, JJ.A., concurred with FREEDMAN, C.J.M.