R. v. Labuik, (1984) 29 Man.R.(2d) 256 (CA)

• Judge: Matas, O'Sullivan and Philp, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: August 14, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 29 Man.R.(2d) 256 (CA)

R. v. Labuik (1984), 29 Man.R.(2d) 256 (CA)

MLB headnote and full text

R. v. Labuik

(Suit No. 123/84)

Indexed As: R. v. Labuik

Manitoba Court of Appeal

Matas, O'Sullivan and Philp, JJ.A.

August 14, 1984.

Summary:

The accused was convicted of possession of marijuana for the purpose of trafficking while released from prison on mandatory supervision. The mandatory supervision was revoked under the Parole Act, requiring the accused to serve the remaining two and one-half years of his sentence. The Manitoba Provincial Court sentenced the accused to two years' imprisonment, to be served concurrently to the remaining two and one-half years. The Crown appealed.

The Manitoba Court of Appeal allowed the appeal. The court affirmed the two year sentence, but ordered that it be served consecutively rather than concurrently.

Criminal Law - Topic 5839

Sentencing - Considerations on imposing sentence - Parole Act - Revocation of mandatory supervision - An accused was convicted of an offence committed while released from prison on mandatory supervision - The mandatory supervision was revoked under the Parole Act, requiring the accused to serve the remaining two and one-half years of his sentence - The Manitoba Court of Appeal stated that the serving of the additional time because of the revocation should not be considered in sentencing the accused for the offence - See paragraphs 2 to 19.

Criminal Law - Topic 5853

Sentencing - Trafficking in a narcotic (marijuana) - The 33 year old accused was convicted of possession of 15 lbs. of marijuana for the purpose of trafficking - Street value of $28,000.00 - Offence committed while accused released from prison on mandatory supervision following nine year sentence for robbery - Extensive previous convictions for related of fences - The Manitoba Court of Appeal affirmed a sentence of two years' imprisonment, to be served consecutively to the remainder of the nine year sentence - See paragraphs 2 to 19.

Cases Noticed:

R. v. Evans (1975), 11 N.S.R.(2d) 91; 5 A.P.R. 91 (N.S.C.A.), not folld. [para. 14].

R. v. Hutton (1977), 21 N.S.R.(2d) 32; 28 A.P.R. 32; 36 C.C.C.(2d) 411 (N.S.C.A.), refd to. [para. 14].

R. v. Orman and Marcotte (1975), 12 N.S.R.(2d) 217; 6 A.P.R. 217; 25 C.C.C.(2d) 337; 32 C.R.N.S. 364, refd to. [para. 18].

Authors and Works Noticed:

National Parole Board Handbook for Judges and Attorneys [para. 8].

Counsel:

J.M. Webster, for the appellant;

H.E. Wolch, Q.C., for the respondent.

This appeal was heard on May 24, 1984, before Matas, O'Sullivan and Philp, JJ.A., of the Manitoba Court of Appeal.

On August 14, 1984, Matas, J.A., delivered the following judgment for the Court of Appeal.