R. v. Spencer, (1991) 1 B.C.A.C. 115 (CA)

JudgeMacdonald, Gibbs and Hollinrake, JJ.A.
CourtCourt of Appeal (British Columbia)
Case DateJune 06, 1991
JurisdictionBritish Columbia
Citations(1991), 1 B.C.A.C. 115 (CA)

R. v. Spencer (1991), 1 B.C.A.C. 115 (CA);

    1 W.A.C. 115

MLB headnote and full text

R. (respondent) v. Rollin Lee Spencer (appellant)

(CA014047)

Indexed As: R. v. Spencer

British Columbia Court of Appeal

Macdonald, Gibbs and Hollinrake, JJ.A.

June 6, 1991.

Summary:

The accused was convicted of being in possession of property obtained unlawfully outside of Canada (Criminal Code, s. 357). He was sentenced to four months' imprisonment. The accused applied for leave to appeal the sentence.

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

Criminal Law - Topic 5862.1

Sentence - Bringing into Canada goods obtained by crime - A 43 year old alien fraudulently obtained outboard motors in the United States, valued at $13,700 - He had the motors in his possession while in Canada - He was convicted of being in possession of property obtained unlawfully outside Canada, contrary to s. 357 of the Criminal Code, and sentenced to four months' imprisonment - He had no prior criminal record - The British Columbia Court of Appeal affirmed the sentence.

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 357.

Counsel:

A. Bartram, for the accused;

   W.F. Ehrcke, for the Crown.

This appeal was heard before Macdonald, Gibbs and Hollinrake, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on June 6, 1991, by Macdonald, J.A.

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