R. v. Beaulieu (S.A.) et al., (2007) 213 Man.R.(2d) 239 (PC)

• Jurisdiction: Manitoba
• Judge: Harvie
• Neutral Citation: 2007 MBPC 9
• Citation: (2007), 213 Man.R.(2d) 239 (PC),2007 MBPC 9,213 ManR(2d) 239,(2007), 213 ManR(2d) 239 (PC),213 Man.R.(2d) 239
• Date: 01 March 2007
• Court: Provincial Court of Manitoba (Canada)

R. v. Beaulieu (S.A.) (2007), 213 Man.R.(2d) 239 (PC)

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. AP.030

Her Majesty The Queen v. Stanley Allan Beaulieu, Stacey Lee Beaulieu, Alvin Clayton Chief and Kenneth Wallace Zebrasky

(2007 MBPC 9)

Indexed As: R. v. Beaulieu (S.A.) et al.

Manitoba Provincial Court

Harvie, A.C.J.P.C.

March 1, 2007.

Summary:

The victim died after being beaten and repeatedly stabbed. The accused, Stanley Beaulieu and Stacey Beaulieu, pled guilty to manslaughter. The accused, Chief and Zebrasky, pled guilty to aggravated assault.

The Manitoba Provincial Court sentenced Stanley Beaulieu to 12 years' imprisonment consecutive to any sentence he was already serving. Stacey Beaulieu was sentenced to five years' imprisonment. Chief, who had spent one year in pretrial custody, was sentenced to one day (being his appearance in court) followed by three years' supervised probation. Zebrasky received a conditional sentence of two years less a day.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See both Criminal Law - Topic 5882 ].

Criminal Law - Topic 5848

Sentencing - Considerations on imposing sentence - Provocation - Otcheek became agitated and aggressive at a party - At one point he brandished a knife and was taunting Zebrasky and Chief and he poked Zebrasky in the leg with the knife - Stanley Beaulieu and his sister Stacy Beaulieu arrived - Both were intoxicated - Stanley was confronted by Otcheek who swung at him with a knife and stabbed him behind the ear - Stacey struck Otcheek on the head with a beer bottle and he was disarmed - Otcheek was then repeatedly stabbed and kicked - He died from his injuries - Stanley and Stacey Beaulieu pled guilty to manslaughter - Chief and Zebrasky pled guilty to aggravated assault - The Manitoba Provincial Court stated that "In this case, both intoxication and provocation are very real factors to be taken into account by the Court, recognizing of course that the accused Stanley Beaulieu and Stacey Beaulieu have entered pleas to the lesser offence of manslaughter based on the 'rolled up' impact of the intoxication and provocation ... Simply put, these are factors for the Court to consider when assessing the moral culpability of the accused and therefore the appropriate sentence" - See paragraph 18.

Criminal Law - Topic 5848.5

Sentencing - Considerations on imposing sentence - Proper considerations - [See Criminal Law - Topic 5848 ].

Criminal Law - Topic 5882

Sentence - Manslaughter - Otcheek became agitated and aggressive at a party - At one point he brandished a knife and was taunting Zebrasky and Chief and he poked Zebrasky in the leg with the knife - Stanley Beaulieu and Stacey Beaulieu arrived - Both were intoxicated - Stanley was confronted by Otcheek who swung at him with a knife and stabbed him behind the ear - Stacey struck Otcheek on the head with a beer bottle and he was disarmed - Stanley and Stacey repeatedly stabbed Otcheek, while Chief kicked him - Stacey also kicked him several times - Once the initial assault was over Zebrasky kicked Otcheek approximately three times - Otcheek bled to death - Stanley Beaulieu pled guilty to manslaughter - He had a prior record, his most recent conviction being for manslaughter (the victim was his stepfather who had abused him) - He was an aboriginal who had a tragic upbringing - He expressed remorse and had made efforts to address his addiction issues - The Manitoba Provincial Court sentenced Stanley Beaulieu to 12 years' imprisonment consecutive to any previous sentence imposed on him - See paragraphs 19 to 27.

Criminal Law - Topic 5882

Sentence - Manslaughter - Otcheek became agitated and aggressive at a party - At one point he brandished a knife and was taunting Zebrasky and Chief and he poked Zebrasky in the leg with the knife - Stanley Beaulieu and his sister Stacey Beaulieu arrived - Both were intoxicated - Stanley was confronted by Otcheek who swung at him with a knife and stabbed him behind the ear - Stacey struck Otcheek on the head with a beer bottle and he was disarmed - Stanley and Stacey repeatedly stabbed Otcheek, while Chief kicked him - Stacey also kicked him several times - Once the initial assault was over Zebrasky kicked Otcheek approximately three times - Otcheek bled to death - Stacey Beaulieu pled guilty to manslaughter - She was 24 years old and had a limited record - The offence occurred while she was on bail - She was an aboriginal who had a tragic upbringing - The Manitoba Provincial Court imposed a sentence of five years' imprisonment - See paragraphs 28 to 35.

Criminal Law - Topic 5938

Sentence - Aggravated assault - Otcheek became agitated and aggressive at a party - At one point he brandished a knife and was taunting Zebrasky and Chief and he poked Zebrasky in the leg with the knife - Stanley Beaulieu and his sister Stacey Beaulieu arrived - Stanley was confronted by Otcheek who swung at him with a knife and stabbed him behind the ear - Stacey struck Otcheek on the head with a beer bottle and he was disarmed - Stanley and Stacey repeatedly stabbed Otcheek, while Chief kicked him - Stacey also kicked him several times - Once the initial assault was over Zebrasky kicked Otcheek approximately three times - Otcheek bled to death - Chief pled guilty to aggravated assault - He was 22 years old and had spent one year in pretrial custody - The Manitoba Provincial Court stated that while it would have imposed a sentence of two years, given the one year spent in pretrial custody, it imposed a sentence of one day being Chief's appearance in court, to be followed by three years' supervised probation - See paragraphs 36 to 38.

Criminal Law - Topic 5938

Sentence - Aggravated assault - Otcheek became agitated and aggressive at a party - At one point he brandished a knife and was taunting Zebrasky and Chief and he poked Zebrasky in the leg with the knife - Stanley Beaulieu and his sister Stacey Beaulieu arrived - Stanley was confronted by Otcheek who swung at him with a knife and stabbed him behind the ear - Stacey struck Otcheek on the head with a beer bottle and he was disarmed - Stanley and Stacey repeatedly stabbed Otcheek, while Chief kicked him - Stacey also kicked him several times - Once the initial assault was over Zebrasky kicked Otcheek approximately three times - Otcheek bled to death - Zebrasky pled guilty to aggravated assault - 21 years old - He had spent two months in custody before being released on a stringent bail order - The Manitoba Provincial Court sentenced Zebrasky to a conditional sentence of two years less a day - See paragraphs 39 to 41.

Cases Noticed:

R. v. Sinclair (1980), 3 Man.R.(2d) 257 (C.A.), refd to. [para. 10].

R. v. Konkolus (1988), 86 A.R. 144 (C.A.), refd to. [para. 11].

R. v. Csincsa (M.A.P.) (1993), 85 Man.R.(2d) 241; 41 W.A.C. 241 (C.A.), refd to. [para. 11].

R. v. Chipilski (1986), 41 Man.R.(2d) 252 (C.A.), refd to. [para. 13].

R. v. Campbell (1991), 70 Man.R.(2d) 158 (C.A.), refd to. [para. 13].

R. v. Stone (B.T.), [1999] 2 S.C.R. 290; 239 N.R. 201; 123 B.C.A.C. 1; 201 W.A.C. 1, refd to. [para. 14].

R. v. Clarke (T.) (2003), 172 O.A.C. 133 (C.A.), refd to. [para. 15].

R. v. Woermann (C.B.) (1992), 81 Man.R.(2d) 255; 30 W.A.C. 255 (C.A.), refd to. [para. 17].

R. v. Young (S.) (1998), 131 Man.R.(2d) 61; 187 W.A.C. 61 (C.A.), refd to. [para. 18].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 23].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 28].

R. v. Hogg (E.T.) (2004), 184 Man.R.(2d) 317; 318 W.A.C. 317; 2004 MBCA 114, refd to. [para. 36].

Counsel:

C. Vanderhooft and S. Johnston, for the Crown;

G. Brodsky, Q.C., for Stanley Beaulieu;

S. Inness, for Stacey Beaulieu;

J. Corona, for Alvin Chief;

K. Bueti, for Kenneth Zebrasky.

This matter was heard before Harvie, A.C.J.P.C., of the Manitoba Provincial Court, who delivered the following judgment on March 1, 2007.