R. v. Strain, (1979) 1 Man.R.(2d) 152 (CA)

JudgeHall, Matas and Huband, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateSeptember 28, 1979
JurisdictionManitoba
Citations(1979), 1 Man.R.(2d) 152 (CA)

R. v. Strain (1979), 1 Man.R.(2d) 152 (CA)

MLB headnote and full text

R. v. Strain

Indexed As: R. v. Strain

Manitoba Court of Appeal

Hall, Matas and Huband, JJ.A.

September 28, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 4849.7

Sentencing - Considerations - Representations of counsel - Representations of Crown - On sentencing the accused the Crown submitted that a short term of imprisonment was appropriate - The Manitoba Court of Appeal stated that the position of the Crown on sentencing was not decisive, but was a factor which should be taken into account - See paragraphs 3 and 5.

Criminal Law - Topic 4849.8

Sentencing - Considerations - Conduct of accused respecting charges on which he was acquitted - The Manitoba Court of Appeal held that in sentencing an accused it was error to consider the accused's conduct respecting charges on which he was acquitted - See paragraph 4.

Criminal Law - Topic 5869

Sentencing - False pretences - Making false statements for the purpose of procuring loans from a financial institution - The accused was convicted of six charges of making false statements to procure loans - The accused was gainfully employed and leading a useful life and there was no requirement of a rehabilitation program for him - The Manitoba Court of Appeal reduced the sentence of the accused from two years concurrent imprisonment upon each charge to one year concurrent imprisonment - See paragraphs 1 to 8.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 320.

Counsel:

J.G. Dangerfield, for the respondent;

H.E. Wolch, for the appellant.

This case was heard on December 28, 1979, at Winnipeg, Manitoba, before HALL, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On September 28, 1979, HALL, J.A., orally delivered the following judgment for the Court of Appeal:

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