R. v. Laquette (L.), 2015 MBQB 79

• Judge: Suche, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 14, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 79;(2015), 317 Man.R.(2d) 123 (QB)

R. v. Laquette (L.) (2015), 317 Man.R.(2d) 123 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. MY.027

Her Majesty The Queen v. Lawrence Laquette (accused)

(CR 14-01-33776; 2015 MBQB 79)

Indexed As: R. v. Laquette (L.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Suche, J.

May 14, 2015.

Summary:

The accused, who suffered from fetal alcohol spectrum disorder, participated in a planned and prolonged attack by a group against an individual. He pleaded guilty to aggravated assault.

The Manitoba Court of Queen's Bench sentenced the accused to 18 months' imprisonment, which was satisfied by time already served, followed by three years' supervised probation.

Criminal Law - Topic 5723

Punishments (sentence) - Probation or probation order - Conditions - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5834.7

Sentencing - Considerations on imposing sentence - Mental illness or disorder - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5846.9

Sentencing - Considerations on imposing sentence - Group activity - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - Laquette's uncle had gotten into a dispute with Saunders - Laquette, who was physically large, was summoned by four family members so that he could help them assault Saunders - Laquette initiated the assault by knocking Saunders down and kicking and punching him - The others then joined in - The group briefly left Saunders lying on the ground screaming in pain, but then returned and continued the assault, ending with Saunders being stabbed with a pair of scissors - Saunders suffered a broken ankle, lacerations and bruising - Laquette pled guilty to aggravated assault - Laquette was a 26 year old Aboriginal who suffered from fetal alcohol spectrum disorder and lived in a group home - He had substantial cognitive and physical limitations - The Manitoba Court of Queen's Bench found that aggravating factors included the use of a weapon, and the fact that this was a planned and prolonged attack by a group against an individual - Laquette's diminished moral culpability resulting from his mental disability was the dominant consideration - Laquette was sentenced to 18 months' imprisonment, which was satisfied by time served, followed by three years' supervised probation - Laquette's family members were a significant negative influence - He was prohibited from having contact with the other participants of the assault.

Cases Noticed:

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 11].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 11].

R. v. Virani (A.) (2012), 524 A.R. 328; 545 W.A.C. 328; 2012 ABCA 155, refd to. [para. 23].

R. v. Ayorech (C.D.) (2012), 522 A.R. 306; 544 W.A.C. 306; 2012 ABCA 82, refd to. [para. 24].

R. v. Draper (T.G.) (2010), 251 Man.R.(2d) 267; 478 W.A.C. 267; 2010 MBCA 35, refd to. [para. 25].

Counsel:

Adam Bergen, for the Crown;

Jeremy Kostiuk, for the accused.

This matter was heard before Suche, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment orally on May 14, 2015.