Court Martial Appeal Court

Decision Information

R. v. Loughrey

Collection Court Martial Appeal Court
Date 2002-10-21
Neutral citation 2002 CMAC 10
Report citation 6 CMAR 291
File numbers CMAC-452
Decision-makers Rouleau, Paul U.C.; Goodwin, Ross; Malone, Edward C.

Decision Content

Date: 20021021

 

Docket: CMAC-452

 

Neutral citation: 2002 CMAC 10

 

 

CORAM: ROULEAU J.A.

GOODWIN J.A.

MALONE J.A.

 

BETWEEN:

 

CAPTAIN J. LOUGHREY

 

Appellant

 

and

 

HER MAJESTY THE QUEEN

 

Respondent

 

 

Heard at Ottawa, Ontario, on October 18, 2002.

 

Judgment delivered at Ottawa, Ontario, on October 21, 2002.

 

 

 

REASONS FOR JUDGMENT: MALONE J.A.

 

CONCURRED IN BY: ROULEAU J.A.

GOODWIN J.A.

 

Date: 20021016

 

Docket: CMAC-452

 

Neutral citation: 2002 CMAC 10

 

 

CORAM: ROULEAU J.A.

GOODWIN J.A.

MALONE J.A.

 

BETWEEN:

 

CAPTAIN J. LOUGHREY

 

Appellant

 

and

 

HER MAJESTY THE QUEEN

 

Respondent

 

 

REASONS FOR JUDGMENT

 

 

MALONE J.A.

 

[1]               I am of the opinion that leave to appeal sentence should be granted but that the appeal should be dismissed.

 

[2]               Based on the reasoning of the Supreme Court of Canada in R. v. Shropshire (1995), 102 C.C.C. (3rd) 193 at p. 209, I am satisfied that the four month sentence of imprisonment delivered by Military Judge A. Ménard on September 19, 2001 was not unreasonable in all the circumstances when all relevant factors are considered. The sentence imposed was within the acceptable range.

 

[3]               While the appellant is a first offender, his background with the military police, his position of trust over administrative matters in his unit, the seriousness of the six offences repeated over a two year period and the lack of a meaningful explanation for his conduct all militate against leniency.

 

[4]               The motion to admit fresh evidence is denied due to untimeliness. In any event, its content would not have affected my decision in any material way.

 

[5]               I would grant leave to appeal and would dismiss the appeal.

 

"B. Malone"

J.A.

 

"I agree

P. Rouleau"

 

"I agree

"Ross Goodwin"

COURT MARTIAL APPEAL COURT OF CANADA

 

SOLICITORS OF RECORD

 

 

 

DOCKET: CMAC-452

 

STYLE OF CAUSE: CAPTAIN JODY A. LOUGHREY v. HER MAJESTY THE QUEEN

 

 

PLACE OF HEARING: Ottawa, Ontario

 

DATE OF HEARING: October 18, 2002

 

REASONS FOR JUDGMENT BY: Malone J.A.

 

CONCURRED IN BY: Rouleau J.A.

Goodwin J.A.

 

 

DATED: October 21, 2002

 

 

APPEARANCES:

 

Mr. John H. Hale

 

FOR THE APPELLANT

Major Kenneth Lindstein

Lieutenant Commander Martin Pelletier

 

FOR THE RESPONDENT

 

SOLICITORS OF RECORD:

 

Mr. John H. Hale

Embrun, Ontario

 

FOR THE APPELLANT

Office of the Directorate of Military Prosecutions

Ottawa, Ontario

FOR THE RESPONDENT

 

 

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