R. v. Manulak (J.) et al., 2015 SKQB 6

• Judge: Gunn, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: January 08, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKQB 6;(2015), 464 Sask.R. 253 (QB)

R. v. Manulak (J.) (2015), 464 Sask.R. 253 (QB)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.037

Her Majesty the Queen v. Jesse Manulak, Alexander Hill and Nicholas Foster

(2012 NJ No. 24; 2015 SKQB 6)

Indexed As: R. v. Manulak (J.) et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Gunn, J.

January 8, 2015.

Summary:

While extremely intoxicated, Manulak, Hill and Foster decided to confront the victim at his home about a scam the victim had carried out. Foster carried an imitation firearm. Manulak carried a roofing hammer. Manulak broke a window to gain entry. The victim was beaten for 3.5 to four minutes. Foster put the imitation gun in the victim's mouth and threatened to "blow his head off". Manulak, Hill and Foster pled guilty to break and enter and committing an assault therein (ss. 267(b) and 358(1)(b) of the Criminal Code). Foster also pled guilty to using an imitation firearm (s. 85(2)(a)). The victim stated that all three had beaten him, but that Hill had been less involved.

The Saskatchewan Court of Queen's Bench sentenced Hill to 10 months' imprisonment, Manulak to 11 months and Foster to 12 months on the break and enter and assault charges, all to be followed by 18 months' probation. Foster was sentenced to one year consecutive for the s. 85(2)(a) offence.

Criminal Law - Topic 5806

Sentencing - General - Co-accused - Sentence parity - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5833

Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5834.1

Sentencing - Considerations on imposing sentence - Seriousness of offence - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5834.10

Sentencing - Considerations on imposing sentence - Mental state (incl. effects of alcohol or drugs) - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5842.1

Sentencing - Considerations on imposing sentence - Post-conviction or post-charge conduct - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5847

Sentencing - Considerations on imposing sentence - Remorse of accused - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5848.7

Sentencing - Considerations on imposing sentence - Denunciation or repudiation of conduct - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5849.23

Sentencing - Considerations on imposing sentence - Home invasion - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5861

Sentence - Assault (incl. common assault) - [See Criminal Law - Topic 5917 ].

Criminal Law - Topic 5917

Sentence - Use of firearm during offence - While extremely intoxicated, Manulak, Hill and Foster decided to confront the victim at his home about a scam the victim had carried out - Foster carried an imitation firearm - Manulak carried a roofing hammer - Manulak broke a window to gain entry - The victim was beaten for 3.5 to four minutes - Foster put the imitation gun in the victim's mouth and threatened to "blow his head off" - Manulak, Hill and Foster pled guilty to break and enter and committing an assault therein (ss. 267(b) and 358(1)(b) of the Criminal Code) - Foster also pled guilty to using an imitation firearm (s. 85(2)(a)) - The victim stated that all three had beaten him, but that Hill had been less involved - On the break and enter and assault charges, the Saskatchewan Court of Queen's Bench sentenced Hill to 10 months' imprisonment, Manulak to 11 months and Foster to 12 months, all to be followed by 18 months' probation - Foster was sentenced to one year consecutive for the s. 85(2)(a) offence - All three accused were young men who had accepted responsibility for their actions, were remorseful, had pled guilty and had exemplary post-offence conduct - They had been heavily intoxicated and had not planned the event in advance - The circumstances of the crime were brief, but intense - While the accused were entitled to leniency, some incarceration was necessary for denunciation and deterrence - A home invasion was an extremely serious offence - Foster was the most culpable as having terrorized the victim, while Hill was entitled to the most leniency - See paragraphs 63 to 121.

Cases Noticed:

R. v. Payne (D.M.) (2007), 293 Sask.R. 31; 397 W.A.C. 31; 2007 SKCA 28, refd to. [para. 57].

R. v. Debigare (J.C.) et al. (2014), 433 Sask.R. 8; 602 W.A.C. 8; 2014 SKCA 2, refd to. [para. 58].

R. v. Ross (P.S.) (1999), 138 Man.R.(2d) 75; 202 W.A.C. 75 (C.A.), refd to. [para. 68].

R. v. Harris (P.J.) (2000), 181 N.S.R.(2d) 211; 560 A.P.R. 211; 2000 NSCA 7, refd to. [para. 68].

R. v. Leggo (C.A.) (2003), 184 B.C.A.C. 150; 302 W.A.C. 150; 2003 BCCA 392, refd to. [para. 68].

R. v. Matwiy (S.B.) and Langston (J.D.) (1996), 178 A.R. 356; 110 W.A.C. 356 (C.A.), refd to. [para. 69].

R. v. Seymour (T.A.) (1994), 116 Sask.R. 234; 59 W.A.C. 234 (C.A.), refd to. [para. 71].

R. v. Pelly (R.J.) (2006), 279 Sask.R. 252; 372 W.A.C. 252; 2006 SKCA 60, refd to. [para. 72].

R. v. Campeau (D.J.) et al. (2009), 320 Sask.R. 132; 444 W.A.C. 132; 2009 SKCA 3, refd to. [para. 73].

R. v. Akapew (F.L.) (2009), 343 Sask.R. 155; 472 W.A.C. 155; 2009 SKCA 137, refd to. [para. 95].

R. v. Rawn (H.A.-M.) (2012), 294 O.A.C. 261; 2012 ONCA 487, refd to. [para. 98].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 103].

Counsel:

James Fitzgerald, for the Crown;

Darren Kraushaar, for Jesse Manulak;

Doug Andrews, Q.C., for Alexander Hill;

Neil Tulloch, for Nicholas Foster.

This matter was heard by Gunn, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on January 8, 2015.