R. v. Dumo (M.T.) et al., [2015] A.R. TBEd. OC.088

• Judge: Bascom, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: October 21, 2015
• Citations: [2015] A.R. TBEd. OC.088;2015 ABPC 219

R. v. Dumo (M.T.), [2015] A.R. TBEd. OC.088

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Currently being edited for A.R. - judgment temporarily in rough form.

Temp. Cite: [2015] A.R. TBEd. OC.088

Her Majesty the Queen v. Maria Teresa Dumo, May Casimero and Angelina Borja

(141152009P1; 2015 ABPC 219)

Indexed As: R. v. Dumo (M.T.) et al.

Alberta Provincial Court

Bascom, P.C.J.

October 21, 2015.

Summary:

The accused (Dumo, Casimero and Borja) pled guilty to assaulting a 92 year old resident of CareWest Garrison Green. The video from a hidden camera revealed an assault committed on the complainant (Mr. Wissner) by the accused, who were his care workers. The three accused were of the same age. All were born in the Philippines. Dumo and Borja were permanent residents of Canada, while Casimero was a Canadian citizen. None of the accused had a criminal record and all had strong family support.

The Alberta Provincial Court stated, inter alia, "The actions of all 3 offenders caused both physical and mental hurt. They treated him roughly and taunted him in a vulgar and crude way. Mr. Wissner was totally dependent on his caregivers and that trust was breached by all 3 offenders. ... I have considered the authorities, the presentence reports, the letters of reference and support, and in particular the concept of proportionality and I conclude that this offence requires a jail term. The sentence must emphasize denunciation and deterrence; deter these offenders and others." The court concluded that a sentence of 60 days followed by a period of probation was appropriate. As all three accused were employed and had family responsibilities, the court allowed the sentence to be served intermittently.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - See paragraphs 25 and 31.

Criminal Law - Topic 5861

Sentence - Assault (incl. common assault) - See paragraphs 1 to 37.

Counsel:

S. Kennedy, for the Crown;

R. Claxton, E. Funk and P. Hoare, for the Defence.

This matter was heard before Bascom, P.C.J., of the Alberta Provincial Court, who delivered the following decision on October 21, 2015.