R. v. Friesen (D.C.N.), 2016 MBCA 50
| Judge | Steel, Monnin and leMaistre, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | October 02, 2015 |
| Jurisdiction | Manitoba |
| Citations | 2016 MBCA 50;(2016), 330 Man.R.(2d) 32 (CA) |
R. v. Friesen (D.C.N.) (2016), 330 Man.R.(2d) 32 (CA);
675 W.A.C. 32
MLB headnote and full text
Temp. Cite: [2016] Man.R.(2d) TBEd. MY.028
Her Majesty The Queen (respondent) v. Dillyn Carl Nodwell Friesen (accused/appellant)
(AR 15-30-08343; 2016 MBCA 50)
Indexed As: R. v. Friesen (D.C.N.)
Manitoba Court of Appeal
Steel, Monnin and leMaistre, JJ.A.
May 16, 2016.
Summary:
The accused pled guilty to manslaughter and was sentenced to six years' imprisonment. The accused appealed. At issue was how to deal with the issue of Fetal Alcohol Spectrum Disorder on sentencing.
The Manitoba Court of Appeal allowed the appeal and reduced the sentence to four years' imprisonment.
Criminal Law - Topic 5832
Sentencing - Considerations on imposing sentence - Rehabilitation - [See second Criminal Law - Topic 5834.7 ].
Criminal Law - Topic 5834.7
Sentencing - Considerations on imposing sentence - Mental illness or disorder (incl. Fetal Alcohol Spectrum Disorder) - The Manitoba Court of Appeal discussed Fetal Alcohol Spectrum Disorder as a consideration on sentencing - See paragraphs 15 to 26.
Criminal Law - Topic 5834.7
Sentencing - Considerations on imposing sentence - Mental illness or disorder (incl. Fetal Alcohol Spectrum Disorder) - The accused (age 20), who had been drinking and in a belligerent mood, punched the victim in the head - The victim died two days later - The accused pled guilty to manslaughter - Limited youth record - He was sentenced to six years' imprisonment - The accused appealed, arguing that the trial judge erred in assessing his moral culpability by failing to give due regard to his partial Fetal Alcohol Spectrum Disorder (FASD) diagnosis and by discounting the prospect of rehabilitation due to his concern as to the risk of re-offending - The Manitoba Court of Appeal allowed the appeal and reduced the sentence to four years' imprisonment - His conduct on the day in question and the nature of the attack that took place suggested impulsivity, lack of control and a failure to recognize the consequences of his actions - All of those factors should have led the sentencing judge to consider a diminished moral culpability - Failure to do so amounted to an error in principle - The sentencing judge also erred on the rehabilitation issue - See paragraphs 26 to 32.
Criminal Law - Topic 5882
Sentence - Manslaughter - [See second Criminal Law - Topic 5834.7 ].
Counsel:
A.L. Sansregret, for the appellant;
N.P. Steen, for the respondent.
This appeal was heard on October 2, 2015, before Steel, Monnin and leMaistre, JJ.A., of the Manitoba Court of Appeal. The following judgment was delivered for the court by Monnin, J.A., on May 16, 2016.
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R v R.D.F., 2019 SKCA 112
...limitation necessarily impacted the commission of the offence in question (see R v Roulette, 2015 MBCA 102 at para 7; R v Friesen, 2016 MBCA 50 at para 23; R v Manitowabi, 2014 ONCA 301 at paras 55–57; R v Ellis, 2013 ONCA 739 at paras 107–127; R v Ramsay, 2012 ABCA 257 at paras 33–39; R v ......
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R. v. JED, 2018 MBCA 123
...limitation necessarily impacted the commission of the offence in question (see R v Roulette, 2015 MBCA 102 at para 7; R v Friesen, 2016 MBCA 50 at para 23; R v Manitowabi, 2014 ONCA 301 at paras 55-57; R v Ellis, 2013 ONCA 739 at paras 107-127; R v Ramsay, 2012 ABCA 257 at paras 33-39; R v ......
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R. v. Williams, 2020 BCCA 286
...R. v. Bouchard-Lebrun, 2011 SCC 58 at paras. 48, 68. Similar concerns animate the determination of a fit sentence: R. v. Friesen, 2016 MBCA 50 at para. 18. Impaired reasoning, delusional disorders and other compromised mental conditions distinguish those afflicted from ordinary, fully acc......
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R. v. Badhesa, 2019 BCCA 70
...R. v. Bouchard-Lebrun, 2011 SCC 58 at paras. 48, 68. Similar concerns animate the determination of a fit sentence: R. v. Friesen, 2016 MBCA 50 at para. 18. Impaired reasoning, delusional disorders and other compromised mental conditions distinguish those afflicted from ordinary, fully accou......
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R v R.D.F., 2019 SKCA 112
...limitation necessarily impacted the commission of the offence in question (see R v Roulette, 2015 MBCA 102 at para 7; R v Friesen, 2016 MBCA 50 at para 23; R v Manitowabi, 2014 ONCA 301 at paras 55–57; R v Ellis, 2013 ONCA 739 at paras 107–127; R v Ramsay, 2012 ABCA 257 at paras 33–39; R v ......
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R. v. JED, 2018 MBCA 123
...limitation necessarily impacted the commission of the offence in question (see R v Roulette, 2015 MBCA 102 at para 7; R v Friesen, 2016 MBCA 50 at para 23; R v Manitowabi, 2014 ONCA 301 at paras 55-57; R v Ellis, 2013 ONCA 739 at paras 107-127; R v Ramsay, 2012 ABCA 257 at paras 33-39; R v ......
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R. v. Williams, 2020 BCCA 286
...R. v. Bouchard-Lebrun, 2011 SCC 58 at paras. 48, 68. Similar concerns animate the determination of a fit sentence: R. v. Friesen, 2016 MBCA 50 at para. 18. Impaired reasoning, delusional disorders and other compromised mental conditions distinguish those afflicted from ordinary, fully acc......
-
R. v. Badhesa, 2019 BCCA 70
...R. v. Bouchard-Lebrun, 2011 SCC 58 at paras. 48, 68. Similar concerns animate the determination of a fit sentence: R. v. Friesen, 2016 MBCA 50 at para. 18. Impaired reasoning, delusional disorders and other compromised mental conditions distinguish those afflicted from ordinary, fully accou......
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BenchPress--Vol 40-6.
...and should be considered in sentencing, even if the condition that produced the illegal behaviour cannot be cured. R v. Friesen, 2016 MBCA 50 By Teresa Mitchell R v. Friesen, 2016 MBCA 50 (CanLII) http://www.canlii.org/en/mb/mbca/doc/2016/2016mbca50/2016mbca50.html By Teresa Mitchell ...