R. v. L.P., (2000) 186 Man.R.(2d) 166 (PC)

JudgeEverett, P.C.J.
CourtProvincial Court of Manitoba (Canada)
Case DateDecember 28, 2000
JurisdictionManitoba
Citations(2000), 186 Man.R.(2d) 166 (PC)

R. v. L.P. (2000), 186 Man.R.(2d) 166 (PC)

MLB headnote and full text

Temp. Cite: [2004] Man.R.(2d) TBEd. AU.023

Her Majesty The Queen v. L.P.

Indexed As: R. v. L.P.

Manitoba Provincial Court

Everett, P.C.J.

December 28, 2000.

Summary:

An accused was charged with sexually assaulting his step-daughter. After the preliminary inquiry, DNA testing established that the accused was the father of the step-daughter's baby. The accused changed his plea to guilty. The Crown and defence jointly recommended a sentence of two years' imprisonment and three years' supervised probation, in addition to the seven months of pre-trial custody.

The Manitoba Provincial Court rejected the recommendation and sentenced the accused to five years' imprisonment.

Editor's note: Certain names in the following case have been initialized or the case other-wise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - An accused was charged with sexually assaulting his step-daughter - After the preliminary inquiry, DNA testing established that the accused was the father of the step-daughter's baby - The accused changed his plea to guilty - The accused had acted as the step-daughter's father since she was three or four years old - The assaults began when she was nine and continued until she disclosed them in March 1998 - The baby was born in December 1997, nine days after the step-daughter's 13th birthday - The step-daughter was placed under apprehension by Child and Family Services - The baby was made a permanent ward of Child and Family Services - In December 1997, the accused was convicted of sexually assaulting two nine year old complainants - The Crown and defence recommended a sentence of two years' imprisonment and three years' supervised probation, in addition to the seven months' pre-trial custody - The Manitoba Provincial Court rejected the recommendation where it would have required the court to disregard the clear aggravating factors, the need for protection of the public, denunciation and general deterrence and the egregious circumstances - The court imposed five years' imprisonment.

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5813 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - [See Criminal Law - Topic 5813 ].

Cases Noticed:

R. v. Pashe (S.J.) (1995), 100 Man.R.(2d) 61; 91 W.A.C. 61 (C.A.), refd to. [para. 8].

R. v. Kiesman (1991), 75 Man.R.(2d) 314; 6 W.A.C. 314 (C.A.), refd to. [para. 8].

R. v. Beaulieu (H.A.W.) (1997), 118 Man.R.(2d) 148; 149 W.A.C. 148 (C.A.), refd to. [para. 8].

R. v. Podolaniuk (J.L.) (1997), 118 Man.R.(2d) 188; 149 W.A.C. 188 (C.A.), refd to. [para. 8].

Counsel:

Tracey Lord, for the Crown;

Pam Smith, for the accused.

This matter was heard by Everett, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on December 28, 2000.

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