R. v. L.L.P., (2016) 326 Man.R.(2d) 165 (CA)
| Judge | Cameron, Burnett and Mainella, JJ.A. |
| Court | Court of Appeal (Manitoba) |
| Case Date | December 10, 2015 |
| Jurisdiction | Manitoba |
| Citations | (2016), 326 Man.R.(2d) 165 (CA);2016 MBCA 28 |
R. v. L.L.P. (2016), 326 Man.R.(2d) 165 (CA);
664 W.A.C. 165
MLB headnote and full text
Temp. Cite: [2016] Man.R.(2d) TBEd. MR.011
Her Majesty The Queen (appellant) v. L.L.P. (accused/respondent)
(AR 15-30-08399; 2016 MBCA 28)
Indexed As: R. v. L.L.P.
Manitoba Court of Appeal
Cameron, Burnett and Mainella, JJ.A.
March 10, 2016.
Summary:
The Crown applied for leave to appeal and, if granted, appealed a total sentence of five and one-half years' incarceration imposed on the accused for four counts of sexual interference. The accused, between 2005 and 2012, had sexually interfered with four young girls, three of them his granddaughters.
The Manitoba Court of Appeal granted leave to appeal and allowed the appeal. A total sentence of eight years' incarceration was appropriate. The sentencing judge erred in his approach to consecutive sentencing for multiple offences.
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 5662.1
Punishments (sentence) - Imprisonment and parole - Term of imprisonment - Consecutive sentences - [See Criminal Law - Topic 5807 ].
Criminal Law - Topic 5804
Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5807 ].
Criminal Law - Topic 5807
Sentencing - General - Imposing sentences respecting multiple convictions - The Crown applied for leave to appeal and, if granted, appealed a total sentence of five and one-half years' incarceration imposed on the accused for four counts of sexual interference - Between 2005 and 2012, the accused had sexually interfered with four young girls, three of them his granddaughters - The Manitoba Court of Appeal allowed the appeal - A total sentence of eight years' incarceration was appropriate - The sentencing judge erred in his approach to consecutive sentencing for multiple offences, by applying a reverse analysis - "He concluded that an overall (or global) sentence of six years would have been appropriate. Then, he considered the principle of totality and reduced the sentence by six months. Only at the end did the sentencing judge apportion what he considered to be the appropriate sentences for each offence. This error ... caused him to impose unfit sentences for the individual offences and resulted in an overall unfit sentence." - See paragraphs 23 to 44.
Criminal Law - Topic 5848.9
Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5807 ].
Criminal Law - Topic 5950
Sentence - Sexual interference with young person - [See Criminal Law - Topic 5807 ].
Criminal Law - Topic 6216
Sentencing - Appeals - Variation of sentence - Effect on consecutive sentence - [See Criminal Law - Topic 5807 ].
Counsel:
J.M. Mann and C.T. Croix, for the appellant;
J.J. Gindin and S.R. Segal, for the respondents.
This sentence appeal was heard on December 10, 2015, before Cameron, Burnett and Mainella, JJ.A., of the Manitoba Court of Appeal. In reasons written by Cameron, J.A., the Court delivered the following judgment, dated March 10, 2016.
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Table of cases
...See R v GL R v Lloyd, [2016] 1 SCR 130, 2016 SCC 13 ...........................................................192, 266, 384 R v LLP, 2016 MBCA 28 ......................................................................................................................... 161 R v LM. See R v M ......
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Hearing the Victim at Sentencing
...recognizes that it should be subject to limitations, including the 26 British Columbia: R v Ahnert , 2014 BCCA 212; Manitoba: R v LLP , 2016 MBCA 28; Nunavut: R v Lyta , 2013 NUCA 10; Ontario: Vienneau , above note 23; Quebec: R v Ramla , 2016 QCCQ 2084. 27 R v AG , 2015 ONCA 159. 28 Ibid .......
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R. v. D.C., 2016 MBCA 49
...that the sentencing judge did exactly what this Court has repeatedly said that a sentencing judge should do (see R. v. L.L.P. , 2016 MBCA 28 at para. 25, and the authorities cited therein). [34] In R. v. Arbuthnot (S.M.) , 2009 MBCA 106, 245 Man.R.(2d) 244, Chartier, J.A. (as he then was), ......
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R v McFarlane, 2018 MBCA 48
...13 at para 13). Sometimes this error will produce an unfit sentence but not always (see R v James (GM), 2013 MBCA 14 at para 51; R v LLP, 2016 MBCA 28 at para 27; and R v Shahnawaz et al, 2017 MBCA 93 at paras 9-10). In our view, the judge’s error was harmless in effect (see R v Houle, 2016......
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R. v. D.C., 2016 MBCA 49
...that the sentencing judge did exactly what this Court has repeatedly said that a sentencing judge should do (see R. v. L.L.P. , 2016 MBCA 28 at para. 25, and the authorities cited therein). [34] In R. v. Arbuthnot (S.M.) , 2009 MBCA 106, 245 Man.R.(2d) 244, Chartier, J.A. (as he then was), ......
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R v McFarlane, 2018 MBCA 48
...13 at para 13). Sometimes this error will produce an unfit sentence but not always (see R v James (GM), 2013 MBCA 14 at para 51; R v LLP, 2016 MBCA 28 at para 27; and R v Shahnawaz et al, 2017 MBCA 93 at paras 9-10). In our view, the judge’s error was harmless in effect (see R v Houle, 2016......
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R. v. Gudmandson, 2018 MBPC 31
...witnessed the Offender having sex with other girls is also aggravating. The Manitoba Court of Appeal in the recent case of R. v. L.L.P., 2016 MBCA 28 stated that it was an aggravating factor that the child victims had to witness the abuse on each other (at para. 34). The effects of vicariou......
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R. v. Ackman (D.E.), 2016 MBQB 109
...75; R. v. P.K. , 2012 MBCA 69, 280 Man.R.(2d) 258 (see Steel, J.A.'s dissent); R. v. Kozussek , 2013 MBCA 52; and R. v. L.L.P. , 2016 MBCA 28). [25] I take no issue with the rationale behind the Crown's approach, but do not understand the directions of the Manitoba Court of Appeal as dictat......
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Table of cases
...See R v GL R v Lloyd, [2016] 1 SCR 130, 2016 SCC 13 ...........................................................192, 266, 384 R v LLP, 2016 MBCA 28 ......................................................................................................................... 161 R v LM. See R v M ......
-
Hearing the Victim at Sentencing
...recognizes that it should be subject to limitations, including the 26 British Columbia: R v Ahnert , 2014 BCCA 212; Manitoba: R v LLP , 2016 MBCA 28; Nunavut: R v Lyta , 2013 NUCA 10; Ontario: Vienneau , above note 23; Quebec: R v Ramla , 2016 QCCQ 2084. 27 R v AG , 2015 ONCA 159. 28 Ibid .......