R. v. D.C., 2016 MBCA 49

• Judge: Hamilton, Cameron and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: March 07, 2016
• Jurisdiction: Manitoba
• Citations: 2016 MBCA 49;(2016), 330 Man.R.(2d) 17 (CA)

R. v. D.C. (2016), 330 Man.R.(2d) 17 (CA);

      675 W.A.C. 17

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. MY.027

Her Majesty The Queen (respondent) v. D.C. (accused/appellant)

(AR 15-30-08381; 2016 MBCA 49)

Indexed As: R. v. D.C.

Manitoba Court of Appeal

Hamilton, Cameron and Burnett, JJ.A.

May 13, 2016.

Summary:

The accused pled guilty to four counts of sexual interference, two counts of invitation to sexual touching, and one count each of making, distributing and possessing child pornography. The complainants were the accused's children (a daughter and four sons). The offences were committed over a period of approximately three years until the accused was arrested in January 2014. All of the children were under age 10 at the time of the offences.

The Manitoba Provincial Court, in a decision reported at (2015), 322 Man.R.(2d) 17, determined the sentence for each offence and determined the cumulative sentence to be 22.5 years' imprisonment, which it reduced to 16 years based on the totality principle. The court granted 21 months' credit for presentencing custody, leaving a sentence to be served of 14 years and three months. The court also made a number of ancillary orders. The accused appealed the sentence. He advanced four grounds of appeal, but his main argument was that some of the sentences should be served concurrently, not consecutively.

The Manitoba Court of Appeal held that the sentencing judge made no error and the sentences were fit. The court granted leave to appeal, but dismissed the appeal.

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 5802

Sentencing - General - Concurrent sentences - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5803

Sentencing - General - Consecutive sentences - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - The accused pled guilty to four counts of sexual interference, two counts of invitation to sexual touching, and one count each of making, distributing and possessing child pornography - The complainants were the accused's children (a daughter and four sons) - The offences were committed over a period of approximately three years until the accused was arrested in January 2014 - All of the children were under age 10 at the time of the offences - The sentencing judge determined the sentence for each offence and determined the cumulative sentence to be 22.5 years' imprisonment, which he reduced to 16 years based on the totality principle - The judge granted 21 months' credit for presentencing custody, leaving a sentence to be served of 14 years and three months - The accused appealed - He said that the sentencing judge erred by: 1. imposing consecutive sentences, and not concurrent sentences, for the offences involving his sons and for the offence relating to possession of child pornography; 2. imposing consecutive dispositions with respect to the offences relating to the making, distribution and possession of child pornography; 3. using a range of sentence for offences involving anal or vaginal intercourse, or threats to children, when none of those circumstances existed in this case; and 4. imposing a total sentence that was harsh and excessive owing to the age, background and circumstances of the accused - The Manitoba Court of Appeal dismissed the appeal - The correct principles were articulated and applied, and the reasons for decision were cogent, clear and intelligible - There was no basis for complaint with the methodology or process for sentencing utilized by the sentencing judge - The accused failed to demonstrate any error in principle or that the sentence imposed was unfit.

Criminal Law - Topic 5807

Sentencing - General - Imposing sentences respecting multiple convictions - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children (incl. child pornography) - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5874

Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - [See Criminal Law - Topic 5804 ].

Criminal Law - Topic 5963

Sentence - Inviting sexual touching - [See Criminal Law - Topic 5804 ].

Counsel:

L.J. Tailleur, for the appellant;

J.M. Mann and S.R.M. Seesahai, for the respondent.

This appeal was heard on March 7, 2016, before Hamilton, Cameron and Burnett, JJ.A., of the Manitoba Court of Appeal. The following judgment of the Court of Appeal was delivered by Burnett, J.A, on May 13, 2016.