R. v. C.M. et al., (2015) 610 A.R. 303 (QB)

• Judge: Moreau, J.
• Court: Court of Queen''s Bench of Alberta (Canada)
• Case Date: Friday February 28, 2014
• Citations: (2015), 610 A.R. 303 (QB);2015 ABQB 134

R. v. C.M. (2015), 610 A.R. 303 (QB)

MLB headnote and full text

Temp. Cite: [2015] A.R. TBEd. JN.079

Her Majesty the Queen v. C.M. and T.M. (101447738Q2; 2015 ABQB 134)

Indexed As: R. v. C.M. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Moreau, J.

February 27, 2015.

Summary:

A jury found C.M. guilty of first degree murder and his twin brother, T.M., guilty of manslaughter. The Crown applied under s. 64(1) of the Youth Criminal Justice Act to have both youths sentenced as adults. At issue in this case was whether T.M. should be sentenced as an adult. Prior to this application, T.M. had been in custody for 28 months and released under community supervision for 16 months. Whether C.M. would be sentenced as an adult was adjourned to a later date.

The Alberta Court of Queen's Bench, in a judgment reported (2014), 601 A.R. 354, dismissed the application. The court sentenced T.M. as a youth to an additional two year period of conditional supervision.

The Alberta Court of Queen's Bench subsequently sentenced C.M. as an adult to life imprisonment without eligibility for parole for 10 years.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - [See Criminal Law - Topic 8817.8].

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence - C.M. was part of a group of six persons (including his twin brother T.M.) who broke into a home to enforce a drug debt - Others removed property from the home - One of them (victim) had a handgun - They drove to a rural location to shoot off guns - C.M. had a shotgun, which he shot off - For some unknown reason, C.M. then clubbed the victim in the head - Two others held the victim down while C.M. strangled the victim to death - T.M. had the victim's gun pointed at the victim's head - T.M. did not touch or threaten the victim - T.M. did not participate in steps to dispose of evidence or in C.M.'s threats to others to keep silent on the killing - A jury found C.M. guilty of first degree murder and T.M. guilty of manslaughter - T.M. was sentenced as a youth to a two year period of conditional supervision in addition to his 28 months' pre-trial custody - The Alberta Court of Queen's Bench allowed the Crown's application to sentence C.M. as an adult and sentenced him to life imprisonment without eligibility for parole for 10 years - C.M. was only three days short of his 18th birthday at the time of the murder - He had a significant record of criminal offences (including assault with a weapon) as a youth - In 2013, he was convicted of manslaughter and sentenced to 11 years' imprisonment for the stabbing death of another person committed only days after the present stabbing - He had a significant history of defiance and disregarding and violating the rights of others - He acted impulsively and aggressively, showing no remorse or empathy - He was of average intelligence and refused to participate in any psychometric or risk assessment testing - It was possible that he had anti-social personality disorder - The court held that "a maximum youth sentence without credit for any pre-trial custody, even merged with the adult sentence CM is serving, would not be of sufficient length to hold him accountable for his offending behaviour. At some point, he would be free of supervision. Serious concerns regarding the need for continuing long-term supervision arise from CM's extremely troubled behavioural history, his directing and central role in the callous and brutal killing, his continuing post-offence violent behaviour in attempting to silence one of his associates in the index offence through robbery and intimidation, his related prior record of violent offending in 2007 involving stabbing his victim in the head, and his disruptive behaviour while at [a youth facility]." - See paragraphs 96 to 107.

Cases Noticed:

Erasmo v. Canada (Attorney General) (2014), 468 F.T.R. 188; 2014 FC 1096, refd to. [para. 77].

R. v. D.B., [2008] 2 S.C.R. 3; 374 N.R. 221; 237 O.A.C. 110; 2008 SCC 25, refd to. [para. 78].

R. v. C.S. (2008), 265 N.S.R.(2d) 235; 848 A.P.R. 235; 2008 NSPC 22, refd to. [para. 78].

R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561; 2007 ONCA 144, refd to. [para. 82].

R. v. Cormier (D.) (1999), 209 N.B.R.(2d) 289; 535 A.P.R. 289; 140 C.C.C.(3d) 87, (C.A.), refd to. [para. 90].

R. v. Knoblauch (W.L.), [2000] 2 S.C.R. 780; 262 N.R. 1; 271 A.R. 1; 234 W.A.C. 1, refd to. [para. 90].

R. v. Proulx (J.K.D.), [2000] 1 S.C.R. 61; 249 N.R. 201; 142 Man.R.(2d) 161; 212 W.A.C. 161; 2000 SCC 5, refd to. [para. 91].

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. 91].

R. v. Mills (D.J.) (1999), 119 B.C.A.C. 284; 194 W.A.C. 284; 1999 BCCA 159, refd to. [para. 93].

R. v. Summers (S.), [2014] 1 S.C.R. 575; 456 N.R. 1; 316 O.A.C. 349; 2014 SCC 26, refd to. [para. 94].

R. v. Rezaie (M.) (1996), 96 O.A.C. 268; 31 O.R.(3d) 713; 112 C.C.C.(3d) 97 (C.A.), refd to. [para. 95].

R. v. M.B.W. (2008), 437 A.R. 325; 433 W.A.C. 325; 2008 ABCA 317, refd to. [para. 96].

R. v. Estacio (D.I.) (2010), 474 A.R. 360; 479 W.A.C. 360; 2010 ABCA 69, refd to. [para. 97].

R. v. D.D.T. (2010), 493 A.R. 167; 502 W.A.C. 167; 2010 ABCA 365, refd to. [para. 98].

R. v. M.M. (2012), 541 A.R. 348; 2012 ABPC 153, refd to. [para. 99].

R. v. K.B.P., [2012] A.R. Uned. 180; 2012 ABQB 135, refd to. [para. 100].

R. v. Todorovic (M.) (2014), 316 O.A.C. 323; 306 C.C.C.(3d) 171; 2014 ONCA 153, refd to. [para. 103].

R. v. Wong (P.Q.S.), [2013] B.C.T.C. Uned. 1254; 2013 BCSC 1254, refd to. [para. 104].

Counsel:

Melanie Hayes-Richards and James E. Stewart, for the Crown;

C.M., the accused, self-represented;

Derek Anderson, amicus curiae.

This matter was heard between February 28, 2014, and February 3, 2015, before Moreau, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on February 27, 2015.