R. v. B.W.P., (2003) 176 Man.R.(2d) 218 (PC)

• Judge: Meyers, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: September 16, 2003
• Jurisdiction: Manitoba
• Citations: (2003), 176 Man.R.(2d) 218 (PC)

R. v. B.W.P. (2003), 176 Man.R.(2d) 218 (PC)

MLB headnote and full text

Temp. Cite: [2003] Man.R.(2d) TBEd. SE.016

Her Majesty The Queen v. B.W.P. (accused)

Indexed As: R. v. B.W.P.

Manitoba Provincial Court

Meyers, P.C.J.

September 16, 2003.

Summary:

A 15 year old youth, while intoxicated, struck the victim in the head several times with a stocking covered pool ball, causing his death. The youth pleaded guilty to manslaughter. The newly enacted Youth Criminal Justice Act applied to the sentencing. The youth challenged provisions of the new Act as violating his s. 7 Charter liberty rights and his s. 11(i) right to the benefit of the lesser punishment under the Youth Offenders Act. The latter challenge arose because s. 42(9) of the new Act precluded serving any sentence in the community (deferred custody and supervision order) where the youth's offence was determined to be a "serious violent offence".

The Manitoba Provincial Court held that the youth's Charter rights were not denied. The court held that manslaughter was a "serious violent offence". The youth was sentenced to 15 months' custody plus one year's probation. The youth was to serve one day in open custody. The remainder of the sentence was to be served under conditional supervision in the community.

Civil Rights - Topic 650.1

Liberty - Limitations on - Serious violent offence designation - [See Civil Rights - Topic 3765 ].

Civil Rights - Topic 3765

Punishment - General - Variation of punishment after offence - Benefit of lesser punishment - The Manitoba Provincial Court rejected the submission that the application of the sentencing principles and provisions of the new Youth Criminal Justice Act, as applied to a youth who pleaded guilty under the Young Offenders Act, violated the youth's s. 11(l) Charter right to the benefit of the lesser punishment - Further, the provisions for designating an offence a "serious violent offence", which had sentencing repercussions, did not violate s. 7 of the Charter - See Appendix A.

Civil Rights - Topic 8416

Canadian Charter of Rights and Freedoms - Criminal proceedings - Right to lesser punishment where punishment varied - [See Civil Rights - Topic 3765 ].

Criminal Law - Topic 5882

Sentence - Manslaughter - A 15 year old youth, while intoxicated, struck the victim in the head several times with a stocking covered pool ball, causing his death - The youth pleaded guilty to manslaughter, was remorseful and assessed as a low risk to re-offend - Although the youth was not a first time offender, prior convictions were minimal and non-assaultive - Positive steps were being taken in the community to rehabilitate the youth - The newly enacted Youth Criminal Justice Act applied to the sentencing - Since manslaughter was a "serious violent offence" under the Act, s. 42(9) of the new Act precluded serving any sentence in the community (deferred custody and supervision order) - The Manitoba Provincial Court sentenced the youth to a 15 month custody and supervision order, plus one year's probation - The youth was to serve one day in open custody (deemed served by court appearance) - The remainder of the sentence was to be served under conditional supervision in the community - Deterrence was not a sentencing consideration under the Act - Rehabilitation and reintegration were the dominant sentencing considerations - See paragraphs 1 to 96.

Criminal Law - Topic 8801.2

Young offenders - Decisions (incl. punishments) - "Serious violent offence" defined - Section 42(9) of the Youth Justice Act gave the trial judge a discretion to designate an offence as a "serious violent offence", which had sentencing repercussions - A 15 year old youth pleaded guilty to manslaughter after causing the victim's death by striking him in the head several times with a stocking covered pool ball - The Manitoba Provincial Court held that not only was manslaughter a presumptive offence under s. 2(1)(iii) of the Act, it clearly met the definition of "serious violent offence" because it was "an offence in the commission of which a young person causes or attempts to cause serious bodily harm" - See paragraphs 11 to 15.

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 8817.3

Young offenders - Decisions (incl. punishments) - Custody and supervision order - [See Criminal Law - Topic 5882 ].

Cases Noticed:

R. v. Creighton, [1993] 3 S.C.R. 3; 157 N.R. 1; 65 O.A.C. 321; 83 C.C.C.(3d) 346, refd to. [para. 13].

R. v. J.J.M., [1993] 2 S.C.R. 421; 152 N.R. 274; 85 Man.R.(2d) 161; 41 W.A.C. 161; 81 C.C.C.(3d) 487, refd to. [para. 64].

R. v. H.A.M. (2003), 174 Man.R.(2d) 119 (Prov. Ct.), refd to. [para. 69].

R. v. B.M. (2003), 234 Sask.R. 244 (Prov. Ct.), refd to. [para. 69].

R. v. K.D. (2003), 214 N.S.R.(2d) 100; 671 A.P.R. 100 (S.C.), refd to. [para. 70].

R. v. C.C. - see R. v. Clements (C.).

R. v. Clements (C.) (2003), 173 Man.R.(2d) 161; 293 W.A.C. 161 (C.A.), refd to. [para. 76].

R. v. Csincsa (M.A.P.) (1993), 85 Man.R.(2d) 241; 41 W.A.C. 241 (C.A.), refd to. [para. 77].

R. v. K.D.R. (1999), 138 Man.R.(2d) 118; 202 W.A.C. 118 (C.A.), refd to. [para. 80].

R. v. A.M. (1998), 131 Man.R.(2d) 55; 187 W.A.C. 55 (C.A.), refd to. [para. 80].

R. v. D.L.C., [2003] N.J. No. 94 (Nfld. Prov. Ct), refd to. [para. 87].

R. v. Heywood (R.L.), [1994] 3 S.C.R. 761; 174 N.R. 81; 50 B.C.A.C. 161; 82 W.A.C. 161, refd to. [Schedule A].

Statutes Noticed:

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 42(2)(n) [para. 55]; sect. 42(2)(o) [para. 51]; sect. 42(9) [para. 10]; sect. 50(1) [para. 65]; sect. 106 [para. 92]; sect. 161(1) [para. 5].

Authors and Works Noticed:

Bala, Nicholas, Youth Criminal Justice Law, Irwin Law, p. 492 [para. 12].

Counsel:

Brent Davidson, for the Crown;

Jason Miller, for the accused.

This case was heard before Meyers, P.C.J., of the Manitoba Provincial Court, who imposed the following sentence on September 16, 2003.