R. v. Goulet (R.D.), (2008) 246 Man.R.(2d) 15 (PC)

JudgeDevine, P.C.J.
CourtProvincial Court of Manitoba (Canada)
Case DateJanuary 24, 2008
JurisdictionManitoba
Citations(2008), 246 Man.R.(2d) 15 (PC);2008 MBPC 6

R. v. Goulet (R.D.) (2008), 246 Man.R.(2d) 15 (PC)

MLB headnote and full text

Temp. Cite: [2008] Man.R.(2d) TBEd. FE.017

Her Majesty The Queen v. Robert Dwayne Goulet (accused)

(2008 MBPC 6)

Indexed As: R. v. Goulet (R.D.)

Manitoba Provincial Court

Devine, P.C.J.

January 24, 2008.

Summary:

The accused pleaded guilty to an indictable charge of sexual assault causing bodily harm.

The Manitoba Provincial Court sentenced the accused to three years' imprisonment, before crediting the accused with 16 months for eight months' remand time. He was also required to provide a DNA sample, to be enrolled on the sex offender registry for a 10 year period, and was subject to a mandatory 10 year weapons prohibition.

Criminal Law - Topic 5834.1

Sentencing - Considerations on imposing sentence - Seriousness of offence - The Manitoba Provincial Court referred to R. v. C.D.B. (2006 Yuk. C.A.) wherein "The Court of Appeal upheld the trial judge's sentence of 21 months concurrent on each count commenting in doing so that the original sentence: '... may have been at the high end of the range for sexual assaults which did not involve intercourse ...'" - The court stated that "it is unfortunate that the court expressed itself in these words, which seemed to suggest that intercourse is the defining touchstone in characterizing the seriousness of a sexual assault. The amendments to the Criminal Code some 25 years ago altering the description of the offence from rape to sexual assault, were designed to move the discourse from a fixation as to whether or not there had been penile penetration to the moral blameworthiness of the accused's behaviour and the harm done to the victim. In that regard, clearly touching the breasts of one victim and pulling down the pants of another is not as far along the spectrum of moral blameworthiness and does not violate the bodily integrity of the victims to the same degree as other more intrusive sexual assaults, like forcible fellatio for instance, and therefore might well attract a lighter sentence." - See paragraphs 19 to 22.

Criminal Law - Topic 5846.5

Sentencing - Considerations on imposing sentence - Sentence precedents (incl. starting point principle) - The Manitoba Provincial Court reviewed the law respecting the starting point for sentences for major sexual assaults - See paragraphs 18 to 30.

Criminal Law - Topic 5848.10

Sentencing - Considerations on imposing sentence - Sexual offences - [See Criminal Law - Topic 5834.1 and Criminal Law - Topic 5846.5 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused pleaded guilty to sexual assault causing bodily harm - 45 years old - Without provocation, he attacked a female unknown to him, pushing her to the ground, lying on top of her and trying to remove her shirt and jacket while groping her buttock and punching her - He was stopped by the appearance of two men who responded to the victim's screams for help - They commented that he appeared to be adjusting his pants as he walked away - The victim had swelling and bruising to her eyes and head, various lacerations and a bite that punctured her skin and left a scar - Prior convictions for violence - The offence represented an escalation in violence - First sexual assault - Coping with a debilitating and life threatening illness (cirrhosis) which might make serving time in custody more difficult than for someone without such an illness - The Manitoba Provincial Court imposed a three year sentence before credit for remand time.

Cases Noticed:

R. v. C.D.B. (2006), 231 B.C.A.C. 259; 381 W.A.C. 259; 2006 YKCA 15, consd. [para. 19].

R. v. Sandercock (1985), 62 A.R. 382 (C.A.), consd. [para. 23].

R. v. Morales (1990), 68 Man.R.(2d) 318; 1990 CarswellMan 172 (C.A.), refd to. [para. 24].

R. v. Leyte (S.S.) (1996), 110 Man.R.(2d) 235; 118 W.A.C. 235 (C.A.), refd to. [para. 25].

R. v. McDonnell (T.E.), [1997] 1 S.C.R. 948; 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321, refd to. [para. 26].

R. v. Law (B.K.) (2007), 409 A.R. 190; 402 W.A.C. 190; 2007 ABCA 203, folld. [para. 30].

Counsel:

M. Lafreniere, for the Crown;

J. Kostiuk, for the accused.

This case was heard by Devine, P.C.J., of the Manitoba Provincial Court, who delivered the following decision on January 24, 2008.

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2 practice notes
  • R. v. Steppan (K.), (2010) 250 Man.R.(2d) 122 (PC)
    • Canada
    • Manitoba Provincial Court of Manitoba (Canada)
    • February 18, 2010
    ...10 O.A.C. 86 (C.A.), refd to. [para. 466]. R. v. Baker, [1990] B.C.J. No. 1995 (C.A.), refd to. [para. 467]. R. v. Goulet (R.D.) (2008), 246 Man.R.(2d) 15; 2008 MBPC 6, refd to. [para. R. v. McDonnell (T.E.) (1997), 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321; 114 C.C.C.(3d) 436 (S.C.C.), re......
  • Rae c. Canada (Directeur général des élections) (C.F.),
    • Canada
    • Federal Court (Canada)
    • February 25, 2008
    ...limits — Parliament not intending to preventParty from returning money to applicant that was his infirst place.T-755-072008 CF 246Robert Keith Rae (demandeur)c.Le directeur général des élections du Canada etl’Agence libérale fédérale du Canada (d&......
2 cases
  • R. v. Steppan (K.), (2010) 250 Man.R.(2d) 122 (PC)
    • Canada
    • Manitoba Provincial Court of Manitoba (Canada)
    • February 18, 2010
    ...10 O.A.C. 86 (C.A.), refd to. [para. 466]. R. v. Baker, [1990] B.C.J. No. 1995 (C.A.), refd to. [para. 467]. R. v. Goulet (R.D.) (2008), 246 Man.R.(2d) 15; 2008 MBPC 6, refd to. [para. R. v. McDonnell (T.E.) (1997), 210 N.R. 241; 196 A.R. 321; 141 W.A.C. 321; 114 C.C.C.(3d) 436 (S.C.C.), re......
  • Rae c. Canada (Directeur général des élections) (C.F.),
    • Canada
    • Federal Court (Canada)
    • February 25, 2008
    ...limits — Parliament not intending to preventParty from returning money to applicant that was his infirst place.T-755-072008 CF 246Robert Keith Rae (demandeur)c.Le directeur général des élections du Canada etl’Agence libérale fédérale du Canada (d&......

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