In the Court of Appeal of Alberta Citation: R. v. B.W.R., 1995 ABCA 297 Date: 19950719 Docket: 9503-0208-A5 Registry: Edmonton Between: Her Majesty the Queen Respondent - and - B.W.R. 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 Respondent R.J. Beck, for the Appellant MEMORANDUM OF JUDGMENT DELIVERED FROM THE BENCH FRASER C.J.A. (for the Court): [ 1 ] Counsel, we have reached a decision. The Court is divided.

The majority decision will be given by My Lady Rawlins. RAWLINS J.: [ 2 ] We are of the view that the trial judge reviewed very impressively the circumstances of this accused’s offences and rendered a sentence of five years. In our view he carefully applied the appropriate sentencing principles and, although he had submissions from counsel respecting the sentence, he provided cogent reasons for departing from the range provided. We believe that a proper range for the sentencing of this individual would have been between five and seven years.

Given the fact that this accused is a young person never having served in custody before, and the fact of his confessions to other crimes potentially prevented other trials, witnesses and trial time, we believe a sentence of five years is a fit one under the circumstances and we decline to interfere. We therefore dismiss the appeal. [ 3 ] Given the age of this offender, however, we recommend that he serve his time in a provincial institution. FRASER C.J.A. (dissenting): [ 4 ] Given what Crown counsel referred to as the exceptional level of cooperation which was demonstrated by Mr.

R., and given the age of this young man, I would have allowed the appeal and reduced the term of imprisonment to four years.