R. v. Jolicoeur (R.),

• Jurisdiction: Manitoba
• Judge: Duval, J.
• Neutral Citation: 2011 MBQB 129
• Citation: 2011 MBQB 129,(2011), 265 Man.R.(2d) 225 (QB),[2011] MJ No 178 (QL),265 Man R (2d) 225,[2011] M.J. No 178 (QL),(2011), 265 ManR(2d) 225 (QB),265 Man.R.(2d) 225,265 ManR(2d) 225
• Date: 08 June 2011
• Court: Court of Queen's Bench of Manitoba (Canada)

R. v. Jolicoeur (R.) (2011), 265 Man.R.(2d) 225 (QB)

MLB headnote and full text

Temp. Cite: [2011] Man.R.(2d) TBEd. JN.028

Her Majesty The Queen v. Ryan Jolicoeur (accused)

(CR 10-01-30628; 2011 MBQB 129)

Indexed As: R. v. Jolicoeur (R.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Duval, J.

June 8, 2011.

Summary:

The accused pled guilty to robbery of a convenience store. At issue was whether the offence constituted a "serious personal injury offence" within the meaning of s. 752(a) of the Criminal Code such that a conditional sentence was precluded by s. 742.1 of the Code.

The Manitoba Court of Queen's Bench held that a conditional sentence was not precluded here.

Criminal Law - Topic 5720.4

Punishments (sentence) - Conditional sentence - When available or appropriate - The accused entered a convenience store, put a bag on the counter and said to the female clerk, "Money and cigarettes in the bag" - The cashier gave him six packages of cigarettes - The accused was arrested within minutes of fleeing in his vehicle - He pled guilty to robbery - At issue was whether the offence constituted a "serious personal injury offence" within the meaning of s. 752(a) of the Criminal Code such that a conditional sentence was precluded by s. 742.1 of the Code - The Manitoba Court of Queen's Bench held that a conditional sentence was not precluded here - To determine whether the accused had committed a "serious personal injury offence" within the meaning of s. 752(a), the court had to analyze the circumstances of the commission of the offence and determine whether the use or attempted use of violence against another person had been established - There was no obligation to measure the degree of violence, once the court had concluded that violence was used or attempted - Here, although there was an implied threat, the accused had not used or attempted to use violence.

Words and Phrases

Serious personal injury offence - The Manitoba Court of Queen's Bench considered the meaning of the phrase "serious personal injury offence" as found in s. 752(a) of the Criminal Code, R.S.C. 1985, c. C-46.

Cases Noticed:

R. v. Draper (T.G.) (2010), 251 Man.R.(2d) 267; 478 W.A.C. 267; 253 C.C.C.(3d) 351; 2010 MBCA 35, refd to. [para. 6].

R. v. Thompson, 2009 ONCJ 359, refd to. [para. 7].

R. v. Roy (D.W.) (2008), 307 Sask.R. 276; 417 W.A.C. 276; 2008 SKCA 41, refd to. [para. 10].

R. v. Ferguson and Whitefish, 2009 BCPC 73, refd to. [para. 13].

R. v. Parris, 2009 CarswellOnt 5708, refd to. [para. 15].

R. v. Lebar (S.M.), [2009] O.T.C. Uned. 543; 2009 CarswellOnt 1154 (Sup. Ct.), revd. (2010), 260 O.A.C. 169; 252 C.C.C.(3d) 411; 2010 ONCA 220, refd to. [para. 16].

R. v. C.D., [2005] 3 S.C.R. 668; 343 N.R. 1; 376 A.R. 258; 360 W.A.C. 258, refd to. [para. 18].

R. v. Goforth (E.R.) (2005), 257 Sask.R. 123; 342 W.A.C. 123 (C.A.), refd to. [para. 22].

R. v. Ponticorvo (R.) (2009), 448 A.R. 275; 447 W.A.C. 275; 246 C.C.C.(3d) 48 (C.A.), refd to. [para. 22].

R. v. Neve (L.) (1996), 184 A.R. 359; 122 W.A.C. 359; 108 C.C.C.(3d) 126 (C.A.), refd to. [para. 22].

R. v. Cook (D.A.) (2010), 259 Man.R.(2d) 109; 2010 MBQB 237, refd to. [para. 23].

R. v. Roberts (R.) (2007), 220 O.A.C. 46; 219 C.C.C.(3d) 32; 2007 ONCA 64, refd to. [para. 23].

R. v. Currie (R.O.R.), [1997] 2 S.C.R. 260; 211 N.R. 321; 100 O.A.C. 161, refd to. [para. 23].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 752(a) [para. 5].

Counsel:

Courtney St. Croix, for the Crown;

Bruce Bonney, for the accused.

This case was heard by Duval, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on June 8, 2011.