R. v. K.W.P., (2016) 329 Man.R.(2d) 26 (QB)

JudgeMcKelvey, J.
CourtCourt of Queen's Bench of Manitoba (Canada)
Case DateMay 24, 2016
JurisdictionManitoba
Citations(2016), 329 Man.R.(2d) 26 (QB);2016 MBQB 99

R. v. K.W.P. (2016), 329 Man.R.(2d) 26 (QB)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. JN.021

Her Majesty The Queen v. K.W.P. (accused)

(CR 13-01-32882; 2016 MBQB 99)

Indexed As: R. v. K.W.P.

Manitoba Court of Queen's Bench

Winnipeg Centre

McKelvey, J.

May 24, 2016.

Summary:

The accused was convicted of sexual interference. The matter moved to sentencing.

The Manitoba Court of Queen's Bench sentenced the accused to 30 months' imprisonment and ordered that the accused 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 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5950 ].

Criminal Law - Topic 5949

Sentence - Sexual interference or exploitation by person in position of trust or authority - [See Criminal Law - Topic 5950 ].

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - The accused, age 66, was convicted of sexual interference - Offence involved one incident of cunnilingus and one of sexual touching involving his four year old granddaughter which occurred four years ago - Accused had no prior record - Accused maintained his innocence - Lack of remorse and insight - Accused primary caregiver for wife who had health issues - Also caring for and supporting two adult grandsons with special needs - Accused recently retired with health issues - Low risk to re-offend - The Manitoba Court of Queen's Bench sentenced the accused to 30 months' imprisonment and ordered that the accused comply with the Sex Offender Information Registration Act for 20 years - See paragraphs 36 to 51.

Counsel:

Adam C. Bergen, for the Crown;

Daniel Manning, for the accused.

This sentencing matter was heard before McKelvey, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on May 24, 2016.

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3 practice notes
  • R. v. JED, 2018 MBCA 123
    • Canada
    • Court of Appeal (Manitoba)
    • November 22, 2018
    ...squeezed the bare breasts of his daughter’s 15-year-old half-sister on one occasion and a nine-month sentence was imposed. In R v P (KW), 2016 MBQB 99, two instances of sexual touching over a six-month period by an offender in a position of trust attracted a sentence of 30 [55] In R v Storh......
  • R v Friesen, 2018 MBCA 69
    • Canada
    • Court of Appeal (Manitoba)
    • June 21, 2018
    ...he was abused. His Indigenous background was a mitigating factor that impacted on his moral culpability. [23] Finally, in R v P (KW), 2016 MBQB 99, the Court imposed a 30-month jail sentence on the 66-year-old accused for incidents of sexual touching and cunnilingus involving his four-year-......
  • R. v. C.G.G., 2017 MBQB 61
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • April 4, 2017
    ...an older man with compelling mitigating Gladue factors. [15]       The defence also relies on R. v. K.W.P., 2016 MBQB 99, 329 Man.R. (2d) 26, where McKelvey J. imposed a sentence of 30 months on the accused for one instance of cunnilingus and one instance of se......
3 cases
  • R. v. JED, 2018 MBCA 123
    • Canada
    • Court of Appeal (Manitoba)
    • November 22, 2018
    ...squeezed the bare breasts of his daughter’s 15-year-old half-sister on one occasion and a nine-month sentence was imposed. In R v P (KW), 2016 MBQB 99, two instances of sexual touching over a six-month period by an offender in a position of trust attracted a sentence of 30 [55] In R v Storh......
  • R v Friesen, 2018 MBCA 69
    • Canada
    • Court of Appeal (Manitoba)
    • June 21, 2018
    ...he was abused. His Indigenous background was a mitigating factor that impacted on his moral culpability. [23] Finally, in R v P (KW), 2016 MBQB 99, the Court imposed a 30-month jail sentence on the 66-year-old accused for incidents of sexual touching and cunnilingus involving his four-year-......
  • R. v. C.G.G., 2017 MBQB 61
    • Canada
    • Court of Queen's Bench of Manitoba (Canada)
    • April 4, 2017
    ...an older man with compelling mitigating Gladue factors. [15]       The defence also relies on R. v. K.W.P., 2016 MBQB 99, 329 Man.R. (2d) 26, where McKelvey J. imposed a sentence of 30 months on the accused for one instance of cunnilingus and one instance of se......

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