R. v. Wolejszo, (1979) 2 Man.R.(2d) 62 (CA)

• Judge: Monnin, Matas and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: December 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 2 Man.R.(2d) 62 (CA)

R. v. Wolejszo (1979), 2 Man.R.(2d) 62 (CA)

MLB headnote and full text

R. v. Wolejszo

Indexed As: R. v. Wolejszo

Manitoba Court of Appeal

Monnin, Matas and Huband, JJ.A.

December 18, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused 18 year old youth with a good record shot and killed another hunter in a dispute over entitlement to a goose, which both had shot at - The accused became enraged, when the other hunter claimed the goose, and an abusive and profane shouting match occurred, which culminated in the shooting - The accused was convicted of manslaughter by a judge and jury and was sentenced to six years imprisonment in addition to seven months imprisonment pending trial - The Crown appealed - The Manitoba Court of Appeal, Huband, J.A., dissenting, allowed the appeal and increased the sentence of the accused to nine years imprisonment.

Cases Noticed:

R. v. McCormick (1979), 47 C.C.C.(2d) 224, consd. [para. 17].

Counsel:

J.G. Dangerfield, for the Crown;

P.V. Walsh, for the accused.

This case was heard on December 18, 1979, at Winnipeg, Manitoba, before MONNIN, MATAS and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On December 18, 1979, the judgment of the Court of Appeal was delivered and the following opinions were filed:

MONNIN, J.A. - see paragraphs 1 to 8;

HUBAND, J.A., dissenting - see paragraphs 9 to 36.

MATAS, J.A., concurred with MONNIN, J.A.