R. v. Couperthwaite (K.F.), (2007) 214 Man.R.(2d) 187 (CA)

JudgeSteel, Hamilton and Freedman, JJ.A.
CourtCourt of Appeal (Manitoba)
Case DateMay 23, 2007
JurisdictionManitoba
Citations(2007), 214 Man.R.(2d) 187 (CA);2007 MBCA 67

R. v. Couperthwaite (K.F.) (2007), 214 Man.R.(2d) 187 (CA);

      395 W.A.C. 187

MLB headnote and full text

Temp. Cite: [2007] Man.R.(2d) TBEd. MY.052

Her Majesty The Queen (respondent) v. Keith Frederick Couperthwaite (accused/appellant)

(AR 06-30-06465; 2007 MBCA 67)

Indexed As: R. v. Couperthwaite (K.F.)

Manitoba Court of Appeal

Steel, Hamilton and Freedman, JJ.A.

May 23, 2007.

Summary:

The accused was charged with manslaughter for causing the victim's death by way of an unlawful act.

The Manitoba Court of Queen's Bench, in a judgment reported (2006), 203 Man.R.(2d) 261, found the accused guilty. The accused was subsequently sentenced to four years' imprisonment. The accused appealed against conviction and sentence.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 1316

Manslaughter - Unlawful act - What constitutes - The victim died from head injuries sustained in a fall down a set of steps - Both the accused and the victim had been arguing over a $10 debt - A witness testified to seeing the accused give the victim a single shove to the shoulder area, which caused him to fall - Both the accused and the victim were intoxicated - Other witnesses confirmed an argument over money - The trial judge found the accused guilty of manslaughter by causing the victim's death by way of an assault (single shove) - The shove was a contributing cause of death outside the de minimis range - The assault was an objectively dangerous act meant to injure another person - The Manitoba Court of Appeal dismissed the accused's conviction appeal - The verdict was not unreasonable, as it was one that a properly instructed jury (or trial judge), acting judicially, could reasonably have rendered on the evidence - See paragraphs 1 to 4.

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused and victim were arguing over a $10 debt - The accused gave the victim a single shove to the shoulder area, causing him to fall down a set of stairs - Both the accused and victim were intoxicated - The accused was found guilty of manslaughter and sentenced to four years' imprisonment - The Manitoba Court of Appeal dismissed the accused's sentence appeal notwithstanding that the single, intentional push was at the lower end of the continuum of moral culpability for manslaughter and the sentence was at the high end of the range - The trial judge properly considered the accused's age, alcoholism and violent (although dated) criminal record, including a prior manslaughter conviction - The judge properly noted the accused's lack of remorse by leaving the victim injured and without help until a stranger called the police - The four year sentence was not unfit where it fell within the appropriate range - See paragraph 5.

Cases Noticed:

R. v. D.W., [1991] 1 S.C.R. 742; 122 N.R. 277; 46 O.A.C. 352, refd to. [para. 2].

R. v. Yebes, [1987] 2 S.C.R. 168; 78 N.R. 351, refd to. [para. 3].

R. v. Biniaris (J.), [2000] 1 S.C.R. 381; 252 N.R. 204; 134 B.C.A.C. 161; 219 W.A.C. 161; 2000 SCC 15, refd to. [para. 3].

R. v. P.F. (2004), 184 Man.R.(2d) 29; 318 W.A.C. 29; 2004 MBCA 1, refd to. [para. 3].

Counsel:

Z.I. Garber, for the appellant;

R.A. Saull, for the respondent.

This appeal was heard on May 23, 2007, before Steel, Hamilton and Freedman, JJ.A., of the Manitoba Court of Appeal.

On May 23, 2007, Steel, J.A., delivered the following judgment orally for the Court.

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1 practice notes
  • R v Beaver,
    • Canada
    • Court of Appeal (Alberta)
    • 17 Junio 2021
    ...to seek medical help: R v Taylor, 1998 ABCA 354 (six-year sentence); R v Henry, 2002 NSCA 33 (four‑year sentence); R v Couperthwaite (K), 2007 MBCA 67 (four-year sentence); two attackers who struck, kicked and knocked the victim to the ground: R v Bruha, 2003 NWTSC 41 (four and five year se......
1 cases
  • R v Beaver,
    • Canada
    • Court of Appeal (Alberta)
    • 17 Junio 2021
    ...to seek medical help: R v Taylor, 1998 ABCA 354 (six-year sentence); R v Henry, 2002 NSCA 33 (four‑year sentence); R v Couperthwaite (K), 2007 MBCA 67 (four-year sentence); two attackers who struck, kicked and knocked the victim to the ground: R v Bruha, 2003 NWTSC 41 (four and five year se......

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