R. v. Letandre (R.C.), (2016) 328 Man.R.(2d) 179 (QB)

• Judge: Suche, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: May 11, 2016
• Jurisdiction: Manitoba
• Citations: (2016), 328 Man.R.(2d) 179 (QB);2016 MBQB 91

R. v. Letandre (R.C.) (2016), 328 Man.R.(2d) 179 (QB)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. MY.030

Her Majesty The Queen v. Riel Christian Letandre (accused)

(CR 13-01-33254; CR 14-01-33720; 2016 MBQB 91)

Indexed As: R. v. Letandre (R.C.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Suche, J.

May 11, 2016.

Summary:

The accused pled guilty to two counts of robbery, two counts of breach of recognizance and failure to appear. The matter moved to sentencing.

The Manitoba Court of Queen's Bench, in addition to the five months' pre-trial custody already served by the accused, imposed a further 90 days' intermittent imprisonment.

Criminal Law - Topic 5664

Punishments (sentence) - Imprisonment and parole - Intermittent imprisonment - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The accused, an aboriginal person, age 22, pled guilty to robbing two convenience stores of cigarettes - During one of the robberies, he told the store clerk he had a gun under his shirt, but he did not - At the time, he was unemployed and caught up in a lifestyle of alcohol and Percocet abuse - However, while in pre-trial custody spent three months in a drug treatment program - Took positive steps toward rehabilitation - Birth of a son had profound effect on the accused in turning his life around - Minor unrelated youth record - Took responsibility - Gladue factors applicable - The Manitoba Court of Queen's Bench, in addition to the five months' pre-trial custody already served by the accused, imposed a further 90 days' intermittent imprisonment - The court stated that a disposition that allowed an aboriginal offender to maintain a positive presence in his family's life was an important consideration in sentencing - See paragraphs 22 to 46.

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5921

Sentence - Being at large or failing to appear - [See Criminal Law - Topic 5855 ].

Counsel:

Manoja Moorthy, for the Crown;

Daniel Manning, for the accused.

This sentencing matter was heard before Suche, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on May 11, 2016.