R. v. J.A.M.C., 2015 MBQB 115

JudgeSimonsen, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateJuly 08, 2015
JurisdictionManitoba
Citations2015 MBQB 115;(2015), 318 Man.R.(2d) 275 (QB)

R. v. J.A.M.C. (2015), 318 Man.R.(2d) 275 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.022

Her Majesty The Queen v. J.A.M.C. (accused)

(YO 12-01-31978; 2015 MBQB 115)

Indexed As: R. v. J.A.M.C.

Manitoba Court of Queen's Bench

Winnipeg Centre

Simonsen, J.

July 8, 2015.

Summary:

The 17 year old accused pleaded guilty to two counts of criminal negligence causing death and two counts of criminal negligence causing bodily harm. The Crown applied for an order that the accused be sentenced as an adult.

The Manitoba Court of Queen's Bench dismissed the application. The accused was sentenced to a three year custody and supervision order for each count of criminal negligence causing death, and a two year custody and supervision order for each count of criminal negligence causing bodily harm. All sentences were to be served concurrently. The court also imposed a five year driving prohibition.

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 5863.1

Sentence - Criminal negligence causing death or bodily harm - [See Criminal Law - Topic 8817.3 ].

Criminal Law - Topic 8817.3

Young offenders - Decisions (incl. punishments) - Custody and supervision order - The 17 year old accused was texting on her cellphone while driving on cruise control at 96km/h in an 80km/h zone - Her blood-alcohol level was between .07 and .12 mg% - She ran a red light and struck another vehicle containing five young women - Two of the occupants died, a third sustained a traumatic brain injury, and a fourth suffered significant injuries and emotional trauma - The accused pleaded guilty to two counts each of criminal negligence causing death and criminal negligence causing bodily harm - The Crown applied to have the accused sentenced as an adult - The Manitoba Court of Queen's Bench dismissed the application - The accused's sense of invincibility, which was more common in young people, played a significant role - She knew that drinking and driving was bad, but appeared to have had no real understanding of the potential consequences - Immaturity might have played a role in some of her grossly insensitive behaviour following the collision - The Crown failed to rebut the presumption of diminished moral blameworthiness - The court sentenced the accused to concurrent three year custody and supervision orders for each count of criminal negligence causing death, and two year custody and supervision orders for each count of criminal negligence causing bodily harm - To assist with rehabilitation, the accused's psychologist would be permitted to attend at the institution - The court also imposed a five year driving prohibition.

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence - [See Criminal Law - Topic 8817.3 ].

Cases Noticed:

R. v. I.R.N. (2010), 253 Man.R.(2d) 284; 2010 MBQB 137, refd to. [para. 8].

R. v. D.B., [2008] 2 S.C.R. 3; 374 N.R. 221; 237 O.A.C. 110; 2008 SCC 25, refd to. [para. 9].

R. v. Anderson (T.) (2015), 315 Man.R.(2d) 301; 630 W.A.C. 301; 2015 MBCA 30, refd to. [para. 10].

R. v. B.L. (2013), 292 Man.R.(2d) 51; 2013 MBQB 89, dist. [para. 31].

R. v. J.S.R., [2009] O.T.C. Uned. 966 (Sup. Ct.), refd to. [para. 31].

R. v. C.G.D. (2014), 308 Man.R.(2d) 89; 2014 MBQB 142, refd to. [para. 33].

R. v. D.S.D., [2006] M.J. No. 101 (Prov. Ct.), dist. [para. 41].

R. v. Kummer (A.L.) (2011), 273 O.A.C. 378; 266 C.C.C.(3d) 32; 2011 ONCA 39, refd to. [para. 43].

R. v. Purtill (B.), [2013] O.A.C. Uned. 558; 2013 ONCA 692, refd to. [para. 43].

R. v. Ruizfuentes (H.S.) (2010), 258 Man.R.(2d) 220; 499 W.A.C. 220; 2010 MBCA 90, refd to. [para. 45].

R. v. S.S., [2003] B.C.J. No. 2366; 2003 BCPC 354, refd to. [para. 46].

R. v. D.R.U., [2004] B.C.J. No. 953; 2004 BCPC 120, refd to. [para. 46].

R. v. M.A.B., [2012] A.R. Uned. 257; 2012 ABPC 87, refd to. [para. 46].

R. v. S.M.B. (2003), 40 M.V.R.(4th) 96 (B.C. Prov. Ct.), refd to. [para. 46].

R. v. A.J.N., [2004] B.C.J. No. 203; 2004 BCPC 13, refd to. [para. 46].

R. v. I.R.N. (2011), 262 Man.R.(2d) 267; 507 W.A.C. 267; 2011 MBCA 31, dist. [para. 47].

R. v. Wozny (C.P.) (2010), 262 Man.R.(2d) 75; 507 W.A.C. 75; 2010 MBCA 115, refd to. [para. 54].

R. v. Ali (M.O.) (2015), 319 Man.R.(2d) 298; 638 W.A.C. 298; 2015 MBCA 64, refd to. [para. 61].

R. v. Hansell (V.R.) (2015), 318 Man.R.(2d) 169; 2015 MBQB 109, refd to. [para. 62].

Counsel:

Susan D. Baragar, for the Crown;

Todd E. Bourcier, for the young person.

This matter was heard before Simonsen, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on July 8, 2015.

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    ...conduct during the driving pattern such as impairment (R. v. I.R.N. 2010 MBQB 137, R. v. V.F. [2005] O.J. No. 5917, R. v. J.A.M.C. 2015 MBQB 115, R. v. L.E.S. 2007 SKPC 138), flight (R v. I.R.N., racing (R. v. R.R. 2016 ONCJ 307); a stolen car (R. v. I.R.N.); and extreme speed (R. v. S.G. 2......
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