Supreme Court of Canada
Solowan v. The Queen, [1970] S.C.R. 440
Date: 1970-03-05
Peter Richard Solowan Appellant;
and
Her Majesty The Queen Respondent.
1970: February 27; 1970: March 5.
Present: Fauteux, Martland, Judson, Ritchie and Spence JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Criminal law—Habitual criminal—Preventive detention—Whether sufficient evidence to justify finding—Whether expedient to impose sentence of preventive detention—Criminal Code, 1953-54 (Can.), c. 51, ss. 661, 662.
Subsequently to his conviction on a charge of breaking and entering, the appellant was found to be an habitual criminal. A sentence of preventive detention was imposed. In an oral judgment, the Court of Appeal found that there was ample evidence to justify the finding that the appellant was an habitual criminal and agreed with the magistrate’s opinion that it was expedient for the protection of the public to sentence him to preventive detention. The appellant was granted leave to appeal to this Court.
Held: The appeal should be dismissed.
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, affirming a sentence of preventive detention. Appeal dismissed.
J.F. Pecover, for the appellant.
B.A. Crane, for the respondent.
The judgment of the Court was delivered by
FAUTEUX J.—We are unanimously of opinion that this appeal fails. We agree with the reasons for judgment delivered by the Chief Justice of Alberta, with the concurrence of his colleagues of the Supreme Court of Alberta (Appellate Division).
The appeal is dismissed.
Appeal dismissed.
Solicitors for the appellant: Mustard & Pecover, Edmonton.
Solicitor for the respondent: The Attorney General of Alberta, Edmonton.
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