R. v. M.J.V., 1995 ABCA 302

In the Court of Appeal of Alberta Citation: R. v. M.J.V., 1995 ABCA 302 Date: 19950719 Docket: 9503-0342-A6 Registry: Edmonton Between: Her Majesty the Queen Respondent - and - M.J.V. 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 A. Stewart, for the appellant MEMORANDUM OF JUDGMENT DELIVERED FROM THE BENCH FRASER C.J.A. (for the Court): [ 1 ] Counsel we have reached a decision and the Court is divided.

My Lord Wilson will give the decision on behalf of the majority. WILSON J. (for the Majority): [ 2 ] For the majority we have decided that the sentence imposed by the learned Provincial Court judge should not be interfered with. We are of the view that he was alive to the joint submission made by Crown and defence counsel before him but, for reasons that he stated in his judgment, he decided not to adhere to that submission. We are of the view that this decision was right and ought not to be interfered with.

FRASER C.J.A. (dissenting): [ 3 ] I would like to confirm that I dissent from the views of my learned colleagues. In my view the sentence here was not fit, and I would have allowed the appeal and reduced the sentence from 18 months to one year closed custody.