R. v. M.C.K., 2015 MBQB 82

• Judge: McCawley, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 18, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBQB 82;(2015), 318 Man.R.(2d) 162 (QB)

R. v. M.C.K. (2015), 318 Man.R.(2d) 162 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.006

Her Majesty The Queen v. M.C.K. (accused)

(CR 12-01-31904; 2015 MBQB 82)

Indexed As: R. v. M.C.K.

Manitoba Court of Queen's Bench

Winnipeg Centre

McCawley, J.

June 18, 2015.

Summary:

The accused was charged with second degree murder. The trial judge found provocation and convicted the accused of manslaughter.

The Manitoba Court of Queen's Bench sentenced the accused to seven years plus a three year probation period. On a go-forward basis, this meant a further 20 months' jail time, in addition to the five years and four months credited for time served on a 1.5:1 basis as agreed by counsel.

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 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - The accused was charged with second degree murder, but convicted of manslaughter - The 16 year old victim had attended a party at the accused's mother's house, at the invitation of the accused's younger brother - He provoked the accused by assaulting him and taunting him with hurtful names - The 28 year old accused had significant intellectual impairment which had left him almost childlike - He was also physically challenged - Profoundly remorseful - The Manitoba Court of Queen's Bench noted that, since his incarceration, the accused had had difficulties adjusting and had been disciplined for his conduct - The court sentenced the accused to seven years plus three years' probation, before crediting him with five years and four months' for time served, leaving a further 20 months' jail time - This would allow him to remain in his present facility, where he would be best placed to progress in his rehabilitation efforts - At the same time, it met the need for denunciation and general deterrence of crimes of this nature.

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5832 ].

Criminal Law - Topic 5882

Sentence - Manslaughter - [See Criminal Law - Topic 5832 ].

Cases Noticed:

R. v. Clarke (T.) (2003), 172 O.A.C. 133, 2003 CanLII 28199 (C.A.), refd to. [para. 27].

R. v. Tabbara (M.J.), [2009] O.T.C. Uned. P41 (Sup. Ct.), refd to. [para. 28].

R. v. Kanate, 2011 ONCJ 770, refd to. [para. 28].

R. v. Csincsa (M.A.P.) (1993), 85 Man.R.(2d) 241; 41 W.A.C. 241 (C.A.), refd to. [para. 29].

Counsel:

Geoffrey H. Bayly, for the Crown;

Jody L. Ostapiw, for the accused.

This sentencing case was heard by McCawley, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following decision on June 18, 2015.