R. v. G.C.P., (2015) 321 Man.R.(2d) 207 (QB)

• Judge: Greenberg, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: November 02, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 321 Man.R.(2d) 207 (QB);2015 MBQB 160

R. v. G.C.P. (2015), 321 Man.R.(2d) 207 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. NO.019

Her Majesty The Queen v. G.C.P. (young person)

(YO 14-01-33482; 2015 MBQB 160)

Indexed As: R. v. G.C.P.

Manitoba Court of Queen's Bench

Winnipeg Centre

Greenberg, J.

November 2, 2015.

Summary:

The accused was convicted of aggravated sexual assault as a result of an assault on his girlfriend that left her with catastrophic injuries. The accused was 15 at the time of the assault and 19 at sentencing. The Crown sought an adult sentence of seven years' imprisonment.

The Manitoba Court of Queen's Bench sentenced the accused to 4.5 years' imprisonment. After credit of six months for presentence custody (1.5:1 basis), the sentence to be served was four years. The court also made the mandatory weapons prohibition order and orders requiring the accused to provide a DNA sample and to comply with the Sex Offender Information Registration Act for 20 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 5845.9

Sentencing - Considerations on imposing sentence - Childhood circumstances of accused - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 5847

Sentencing - Considerations on imposing sentence - Remorse of accused - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 5848.10

Sentencing - Considerations on imposing sentence - Sexual offences - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 5933.1

Sentence - Aggravated sexual assault - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence (incl. place of custody) - The accused was convicted of aggravated sexual assault as a result of an assault on his girlfriend that left her with catastrophic injuries - The accused was 15 at the time of the assault and 19 at sentencing - The Crown sought an adult sentence of seven years' imprisonment - The Manitoba Court of Queen's Bench sentenced the accused to 4.5 years' imprisonment - After six months' credit for presentence custody (1.5:1 basis), the sentence to be served was four years - While the accused was only 15 at the time of the offence, he was operating at a level of maturity beyond his chronological age - The assault was not the act of a young person following another's lead but was an act for which the accused was solely responsible - The Crown had rebutted the presumption of diminished moral blameworthiness - The offence was a disturbing act on a helpless (unconscious) victim - However, the accused had no prior record and his level of moral culpability was mitigated by his unfortunate upbringing and the Gladue factors - The accused had taken significant steps toward rehabilitation, having completed high school and obtained employment - In spite of those changes, he was a high risk to reoffend - His lack of remorse and failure to take responsibility were also relevant - The maximum youth sentence would not hold the accused accountable, but the seven year sentence proposed by the Crown was too harsh - See paragraphs 22 to 47.

Cases Noticed:

R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561; 2007 ONCA 144, refd to. [para. 21].

R. v. Sidwell (K.A.) (2015), 319 Man.R.(2d) 144; 638 W.A.C. 144; 2015 MBCA 56, refd to. [para. 37].

R. v. N.J.R.L. (2005), 201 Man.R.(2d) 153; 366 W.A.C. 153; 2005 MBCA 152, dist. [para. 39].

R. v. Broekaert (D.D.), [2002] M.J. No. 195 (Prov. Ct.), refd to. [para. 41].

R. v. K.D.D. (2014), 442 Sask.R. 209; 616 W.A.C. 209; 2014 SKCA 93, refd to. [para. 42].

R. v. B.L. (2013), 292 Man.R.(2d) 51; 2013 MBQB 89, refd to. [para. 45].

R. v. Anderson (T.) (2015), 315 Man.R.(2d) 301; 630 W.A.C. 301; 2015 MBCA 30, refd to. [para. 46].

Counsel:

Susan D. Baragar and Jodi A. Koffman, for the Crown;

Theodore L. Mariash and Louis J. Mendelson, for the young person.

This matter was heard by Greenberg, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment orally on November 2, 2015.