R. v. MacKay, 1995 ABCA 290

In the Court of Appeal of Alberta Citation: R. v. MacKay, 1995 ABCA 290 Date: 19950719 Docket: 9503-0287-A0 Registry: Edmonton Between: Her Majesty the Queen Respondent - and - Scott Michael MacKay 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 M.J. Savaryn, for the Appellant MEMORANDUM OF JUDGMENT DELIVERED FROM THE BENCH FRASER C.J.A . (for the Court): [ 1 ] We are unanimous in our view with respect to this matter. Under the

section with which Mr. MacKay was charged, the maximum penalty in the case of a first offence is a term of imprisonment not exceeding two years. That being the case, and having regard to all of the circumstances involved in this situation, we are satisfied that a fit and proper sentence would be one year imprisonment. Given the fact that Mr. MacKay served one month in pre-trial custody, we allow the appeal and impose a sentence of ten months imprisonment.