R. v. McNabb (G.), (2014) 302 Man.R.(2d) 138 (PC)

• Judge: Allen, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: Friday January 31, 2014
• Jurisdiction: Manitoba
• Citations: (2014), 302 Man.R.(2d) 138 (PC);2014 MBPC 10

R. v. McNabb (G.) (2014), 302 Man.R.(2d) 138 (PC)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. MR.011

Her Majesty The Queen v. Georgina McNabb (accused)

(2014 MBPC 10)

Indexed As: R. v. McNabb (G.)

Manitoba Provincial Court

Allen, P.C.J.

January 31, 2014.

Summary:

The accused pled guilty to manslaughter in the death of her sister.

The Manitoba Provincial Court sentenced the accused to time already served in custody (16 months) followed by three years of probation.

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5882].

Criminal Law - Topic 5882

Sentence - Manslaughter - The aboriginal accused (Georgina) and her sister (Victoria) were at a party to celebrate their parents' anniversary - Everyone was intoxicated - Georgina and Victoria began arguing - Georgina was upset because Victoria's husband was sleeping in her bedroom - Georgina stabbed Victoria in the arm with a knife - Although Victoria suffered only a small wound, everyone in the house was too drunk to act with reasonable diligence - Victoria lost too much blood and died - Georgina pled guilty to manslaughter - Georgina was 29 years old - She had no prior criminal record and no history of violence - Her parents struggled with alcohol abuse - Georgina began using alcohol at age 10 - Georgina had the support and forgiveness of her community, who saw her as a mild and shy person - Georgina had been in custody for 16 months and had completed two substance abuse treatment programs - The Manitoba Provincial Court found that Georgina's moral culpability was reduced by the fact that she did not plan or intend to kill Victoria - Her community was plagued by alcohol addiction and the resulting family violence - This history handicapped Georgina and was directly linked to the criminal act that brought her before the court - Although there were concerns regarding her ongoing sobriety, those concerns were not directly related to a risk of violence - The manslaughter was an out-of-character, one time tragedy - The court sentenced Georgina to time already served followed by three years' probation.

Cases Noticed:

R. v. Larche (J.F.) (2013), 297 Man.R.(2d) 76; 2013 MBPC 54, refd to. [para. 31].

R. v. MacFarlane (G.) (2012), 288 O.A.C. 114; 2012 CarswellOnt 1321; 2012 ONCA 82, refd to. [para. 37].

R. v. Green (O.R.) (2001), 160 B.C.A.C. 121; 261 W.A.C. 121; 2001 CarswellBC 2600; 2001 BCCA 672, refd to. [para. 42].

R. v. Gladue (J.T.), [1999] 1 S.C.R. 688; 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 45].

R. v. Ipeelee (M.), [2012] 1 S.C.R. 433; 428 N.R. 1; 288 O.A.C. 224; 318 B.C.A.C. 1; 541 W.A.C. 1; 2012 SCC 13, refd to. [para. 45].

R. v. Simcoe (B.S.) (2002), 156 O.A.C. 190; 2002 CanLII 5352 (C.A.), refd to. [para. 46].

R. v. Turcotte (R.) (2000), 131 O.A.C. 311; 48 O.R.(3d) 97 (C.A.), refd to. [para. 49].

R. v. Pop (K.C.) (2013), 337 B.C.A.C. 16; 576 W.A.C. 16; 2013 BCCA 160, refd to. [para. 51].

Counsel:

Todd Rambow, for the Crown;

Bart Schwartz, for the accused.

This matter was heard before Allen, P.C.J., of the Manitoba Provincial Court, who delivered the following judgment on January 31, 2014.