R. v. Beardy (J.D.J.), 2016 MBCA 68
| Judge | Steel, Beard and leMaistre, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | February 23, 2016 |
| Jurisdiction | Manitoba |
| Citations | 2016 MBCA 68;(2016), 330 Man.R.(2d) 205 (CA) |
R. v. Beardy (J.D.J.) (2016), 330 Man.R.(2d) 205 (CA);
675 W.A.C. 205
MLB headnote and full text
Temp. Cite: [2016] Man.R.(2d) TBEd. JL.002
Her Majesty The Queen (respondent) v. Julius David James Beardy (accused/appellant)
(AR 15-30-08371; 2016 MBCA 68)
Indexed As: R. v. Beardy (J.D.J.)
Manitoba Court of Appeal
Steel, Beard and leMaistre, JJ.A.
June 24, 2016.
Summary:
The accused was convicted of three counts of robbery (Criminal Code, s. 343(d)), one count of robbery (s. 343(c)), possession of a weapon for a dangerous purpose (s. 88), use of an imitation firearm while committing an indictable offence (s. 85(2)(a)) and three counts of unlawful possession of identity documents (s. 56.1). He was sentenced to four years' incarceration concurrent for the robbery offences, one year concurrent for possession of a weapon for a dangerous purpose, one year consecutive for use of an imitation firearm and six months concurrent for the possession of identity documents. The total sentence was five years. The accused was given credit for 18 months of pre-sentence custody on a 1:1 basis. The accused appealed, arguing, inter alia, that the verdict was unreasonable. The accused also argued that the trial judge erred by failing to give him enhanced credit for his pre-sentence custody.
The Manitoba Court of Appeal upheld the conviction, but granted the accused credit for pre-sentence custody on the basis of 1.5:1.
Criminal Law - Topic 5848.2
Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - The accused was sentenced to a total of five years for offences arising from robberies - The accused was given credit for 18 months of pre-sentence custody on a 1:1 basis - The accused was denied enhanced credit because of a recent and related record, including institutional misconduct - The accused appealed, arguing that the trial judge erred by failing to give him enhanced credit for his pre-sentence custody - The Manitoba Court of Appeal allowed the appeal - The court stated that although the accused's record and institutional misconduct might raise concerns about whether he was likely to commit an offence causing harm, there was insufficient evidence to show how this would disentitle him to statutory release, given the narrow authority of the Parole Board to make a contrary order pursuant to the Corrections and Conditional Release Act - The fact that the accused had done well on parole in the past suggested that he was not likely to be denied statutory release - The trial judge erred in principle in failing to award enhanced credit in these circumstances - The court, therefore, granted the accused credit for pre-sentence custody at a rate of 1.5:1.
Counsel:
B.F. Greenberg, for the appellant;
N.P. Steen, for the respondent.
This appeal was heard on February 23, 2016, before Steel, Beard and leMaistre, JJ.A., of the Manitoba Court of Appeal. The following decision was delivered for the court by leMaistre, J.A., on June 24, 2016.
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R. v. McKay,
...encouragement or assistance in the commission of the offence is required. As was stated by leMaistre JA in R. v. Beardy, 2016 MBCA 68 [38] Obviously, something more than mere presence and passive acquiescence at the scene of a crime is necessary before someo......
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R v Yare, 2018 MBCA 114
...had been in custody for 170 days, which is the equivalent of eight and one-half months when credited at a rate of 1.5:1 (see R v Beardy, 2016 MBCA 68 at paras [8] At the sentencing hearing, the Crown sought a sentence of 18 to 19 months’ incarceration. Counsel for the accused recommended a ......
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R. v. Ducharme,
...than the guilt of the accused beyond a reasonable doubt. This case, however, is not entirely similar to Briscoe and R v. Beardy, 2016 MBCA 68, relied upon by the Crown in argument. In those cases, the accused was actively involved in the events prior to death, and there was evid......
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R. v. Flett et al, 2019 MBQB 116
...can be found guilty as a party to an offence based on their presence at the scene of the crime. This issue was addressed in R v Beardy, 2016 MBCA 68 (CanLII), at paragraphs 38 and 39: “Obviously, something more than mere presence and passive acquiescence at the scene of a crime is necessary......
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R. v. McKay,
...encouragement or assistance in the commission of the offence is required. As was stated by leMaistre JA in R. v. Beardy, 2016 MBCA 68 [38] Obviously, something more than mere presence and passive acquiescence at the scene of a crime is necessary before someo......
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R v Yare, 2018 MBCA 114
...had been in custody for 170 days, which is the equivalent of eight and one-half months when credited at a rate of 1.5:1 (see R v Beardy, 2016 MBCA 68 at paras [8] At the sentencing hearing, the Crown sought a sentence of 18 to 19 months’ incarceration. Counsel for the accused recommended a ......
-
R. v. Ducharme,
...than the guilt of the accused beyond a reasonable doubt. This case, however, is not entirely similar to Briscoe and R v. Beardy, 2016 MBCA 68, relied upon by the Crown in argument. In those cases, the accused was actively involved in the events prior to death, and there was evid......
-
R. v. Flett et al, 2019 MBQB 116
...can be found guilty as a party to an offence based on their presence at the scene of the crime. This issue was addressed in R v Beardy, 2016 MBCA 68 (CanLII), at paragraphs 38 and 39: “Obviously, something more than mere presence and passive acquiescence at the scene of a crime is necessary......