R. v. Zoell, (1979) 6 Sask.R. 292 (CA)

• Judge: Culliton, C.J.S., Woods and Bayda, JJ.A.
• Court: Court of Appeal (Saskatchewan)
• Case Date: March 14, 1979
• Jurisdiction: Saskatchewan
• Citations: (1979), 6 Sask.R. 292 (CA)

R. v. Zoell (1979), 6 Sask.R. 292 (CA)

MLB headnote and full text

R. v. Zoell

(7919)

Indexed As: R. v. Zoell

Saskatchewan Court of Appeal

Culliton, C.J.S., Woods and Bayda, JJ.A.

March 14, 1979.

Summary:

This appeal arose out of a conviction of a charge of robbery with violence. The trial decision is not reported in this series of reports. The accused appealed his conviction on the ground that the trial judge failed to consider the accused's evidence contradicting the Crown's evidence of identification.

The Saskatchewan Court of Appeal dismissed the appeal.

Criminal Law - Topic 5855

Sentence - Robbery with violence - Adult male - The Saskatchewan District Court sentenced the accused to three years and three months imprisonment - See paragraph 2.

Cases Noticed:

R. v. Vezeau, [1977] 2 S.C.R. 277; 8 N.R. 235, refd to. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 303 [para. 1]; sect. 613 [para. 7].

Canada Evidence Act, R.S.C. 1970, c. E-10, sect. 4(5) [para. 6].

Counsel:

Robert L. Borden, for the appellant;

Murray Brown, for the Crown.

This case was heard on March 13, 1979, by CULLITON, C.J.S., WOODS and BAYDA, JJ.A., of the Saskatchewan Court of Appeal.

On March 14, 1979, CULLITON, C.J.S., delivered the following judgment for the Court of Appeal.