R. v. M.F.D., (1991) 75 Man.R.(2d) 21 (CA)

• Judge: Scott, C.J.M., Twaddle and Lyon, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 03, 1991
• Jurisdiction: Manitoba
• Citations: (1991), 75 Man.R.(2d) 21 (CA)

R. v. M.F.D. (1991), 75 Man.R.(2d) 21 (CA);

    6 W.A.C. 21

MLB headnote and full text

Her Majesty The Queen (appellant) v. M.F.D. (accused/respondent)

(Suit No. 171/91)

Indexed As: R. v. M.F.D.

Manitoba Court of Appeal

Scott, C.J.M., Twaddle and Lyon, JJ.A.

October 8, 1991.

Summary:

The accused pleaded guilty to a charge of repeated sexual assaults upon his young stepdaughter. He was sentenced to two years' imprisonment and three years' probation. The Crown appealed.

The Manitoba Court of Appeal, Lyon, J.A., dissenting, dismissed the appeal.

Criminal Law - Topic 5846.5

Sentencing - Considerations - Starting point approach - The Manitoba Court of Appeal discussed the starting point approach to sentencing for major sexual offences propounded in R. v. Sandercock (1985), 62 A.R. 382; 22 C.C.C.(3d) 79 - The court opined that repeated sexual abuse of a child by a parent fell into a separate category - The court (Lyon, J.A., dissenting) held that the starting point for crimes in the category was four to five years' imprisonment - See paragraphs 11 to 12, 22.

Criminal Law - Topic 5932

Sentence - Sexual assault - A 30 year old stepfather pleaded guilty to repeated sexual assaults of his young stepdaughter - Assaults began with fondling and increased to attempted sexual intercourse - Con­tinued until caught - Accused remorseful and cooperative - Background of child­hood physical and emotional abuse - Thorough forensic assessment indicated potential for rehabilitation through treat­ment - Trial judge imposed sentence of two years' imprisonment followed by three years' probation on condition accused attend behavioural management program - The Manitoba Court of Appeal affirmed sentence.

Cases Noticed:

R. v. Sandercock (1985), 62 A.R. 382; 22 C.C.C.(3d) 79 (C.A.), consd. [para. 11].

R. v. C.D. (1991), 75 Man.R.(2d) 14; 6 W.A.C. 14, refd to. [paras. 12, 22].

R. v. R.J.P. (1987), 2 Y.R. 221 (C.A.), refd to. [para. 14].

R. v. Galli (1983), 2 O.A.C. 396, refd to. [para. 15].

Counsel:

R.A. Saull, for the Crown;

J.S. Kennedy, for the respondent.

This appeal was heard on September 3, 1991, before Scott, C.J.M., Twaddle and Lyon, JJ.A., of the Manitoba Court of Appeal. On October 8, 1991, the decision of the Court of Appeal was delivered and the following opinions were filed:

Twaddle, J.A. (Scott, C.J.M., concurring) - see paragraphs 1 to 21;

Lyon, J.A., dissenting - see paragraphs 22 to 26.