R. v. M.D.C., (2002) 169 Man.R.(2d) 36 (PC)
Judge | Rubin, P.C.J. |
Court | Provincial Court of Manitoba (Canada) |
Case Date | August 28, 2002 |
Jurisdiction | Manitoba |
Citations | (2002), 169 Man.R.(2d) 36 (PC) |
R. v. M.D.C. (2002), 169 Man.R.(2d) 36 (PC)
MLB headnote and full text
Temp. Cite: [2002] Man.R.(2d) TBEd. NO.041
Her Majesty The Queen v. M.D.C. (young offender)
Indexed As: R. v. M.D.C.
Manitoba Provincial Court
Winnipeg Centre
Rubin, P.C.J.
August 28, 2002.
Summary:
A young offender was charged with second degree murder. He applied to have his case transferred to Youth Court.
The Manitoba Provincial Court allowed the application.
Criminal Law - Topic 8790
Young offenders - Transfer into or out of youth court - Considerations - For good of child or community - A youth, aged 16, became involved in an altercation with Shrupka - The youth picked up a kitchen knife and swung it at Shrupka just as Shrupka was turning away - The knife stabbed Shrupka in the back - Shrupka later died - The youth was charged with second degree murder - He applied to have his case transferred to Youth Court - The youth had no prior record and no history of violence or aggression - He had followed his bail conditions - The Manitoba Provincial Court allowed the application, holding that the protection of the public and the youth's rehabilitation could be fulfilled within the youth system - Although the offence was serious, the evidence was that the youth posed no threat to the public and his risk of reoffending was extremely low, if at all - If treatment was necessary, it could be addressed within the youth system.
Criminal Law - Topic 8790.1
Young offenders - Transfer into or out of youth court - Considerations - Protection of public and rehabilitation reconciled - [See Criminal Law - Topic 8790 ].
Criminal Law - Topic 8794
Young offenders - Transfer into or out of youth court - Considerations - Rehabilitation - [See Criminal Law - Topic 8790 ].
Criminal Law - Topic 8795.2
Young offenders - Transfer into or out of youth court - Considerations - Seriousness of offence - [See Criminal Law - Topic 8790 ].
Cases Noticed:
R. v. C.J.K. (1994), 92 Man.R.(2d) 173; 61 W.A.C. 173; 88 C.C.C.(3d) 82 (C.A.), refd to. [para. 49].
R. v. S.H.M., [1989] 2 S.C.R. 446; 100 N.R. 1; 100 A.R. 321; 50 C.C.C.(3d) 503, refd to. [Appendix].
R. v. J.J.M., [1993] 2 S.C.R. 421; 152 N.R. 274; 85 Man.R.(2d) 161; 41 W.A.C. 161; 81 C.C.C.(3d) 487, refd to. [Appendix].
R. v. D.B.L. et al. (1996), 181 A.R. 187; 116 W.A.C. 187 (C.A.), refd to. [Appendix].
R. v. B.J.B. (1998), 228 A.R. 148; 188 W.A.C. 148 (C.A.), refd to. [Appendix].
R. v. K.N.P. (1997), 115 Man.R.(2d) 126; 139 W.A.C. 126 (C.A.), refd to. [Appendix].
R. v. F.B.A. (1993), 38 B.C.A.C. 280; 62 W.A.C. 280 (C.A.), refd to. [Appendix].
R. v. C.G.W.; R. v. S.J.C. (1996), 73 B.C.A.C. 18; 120 W.A.C. 18 (C.A.), refd to. [Appendix].
R. v. D.M.S. (1993), 145 A.R. 269; 55 W.A.C. 269 (C.A.), refd to. [Appendix].
R. v. T.T.G. (1997), 157 N.S.R.(2d) 208; 462 A.P.R. 208; 113 C.C.C.(3d) 254 (C.A.), refd to. [Appendix].
R. v. J.D.D. (1996), 184 A.R. 381; 122 W.A.C. 381; 108 C.C.C.(3d) 368 (C.A.), refd to. [Appendix].
R. v. J.B. (1995), 66 B.C.A.C. 12; 108 W.A.C. 12 (C.A.), refd to. [Appendix].
R. v. C.J.K. (1994), 92 Man.R.(2d) 172; 61 W.A.C. 172; 88 C.C.C.(3d) 82 (C.A.), refd to. [Appendix].
R. v. J.C. (2000), 130 O.A.C. 132 (C.A.), refd to. [Appendix].
R. v. S.J.H. (1986), 76 N.S.R.(2d) 163; 189 A.P.R. 163 (T.D.), refd to. [Appendix].
R. v. A.J.M. (1986), 73 A.R. 52; 29 C.C.C.(3d) 418 (Q.B.), refd to. [Appendix].
R. v. C.B. (1993), 67 O.A.C. 161; 86 C.C.C.(3d) 215 (C.A.), refd to. [Appendix].
Counsel:
Lisa Carson, for the Crown;
Martin D. Glazer, for the young offender.
This application was heard by Rubin, P.C.J., of the Manitoba Provincial Court, Winnipeg Centre, who delivered the following decision on August 28, 2002.
To continue reading
Request your trial