R. v. Millin, 1995 ABCA 292

In the Court of Appeal of Alberta Citation: R. v. Millin, 1995 ABCA 292 Date: 19950719 Docket: 9503-0196-A0 and 9503-0249-A4 Registry: Edmonton Between: Her Majesty the Queen Appellant/Respondent - and - Winston Rudolph Millin Respondent/Appellant The Court: The Honourable Chief Justice Fraser The Honourable Madam Justice Rawlins The Honourable Mr. Justice Wilson Memorandum of Judgment Delivered from the Bench COUNSEL: B.D. Rosborough, for the Appellant/Respondent. HJ.D.

Henderson, for the Respondent/Appellant MEMORANDUM OF JUDGMENT DELIVERED FROM THE BENCH FRASER C.J.A. (for the Court): [ 1 ] We have reached a decision. The Court is divided with respect to this matter. For the majority I wish to confirm the following. [ 2 ] The aggravating factors here far outweigh the mitigating factors to the point that a three year sentence is not fit. We allow the Crown appeal and impose a sentence of four years and we dismiss the appeal by the accused. [ 3 ] Madam Justice Rawlins dissents from that decision and she will give her view.

RAWLINS J. (dissenting): [ 4 ] I agree with the majority that the aggravating factors here outweigh the mitigating. However, I feel that a sentence of four years is still not fit in these particular circumstances and would impose a sentence of five years in lieu thereof.