R. v. Melnyk, (1981) 8 Man.R.(2d) 298 (CoCt)

• Court: Provincial Court of Manitoba (Canada)
• Case Date: March 02, 1981
• Jurisdiction: Manitoba
• Citations: (1981), 8 Man.R.(2d) 298 (CoCt)

R. v. Melnyk (1981), 8 Man.R.(2d) 298 (CoCt)

MLB headnote and full text

R. v. Melnyk

Indexed As: R. v. Melnyk

Manitoba County Court

Ferg, C.C.J.

March 2, 1981.

Summary:

This case arose out of two counts of assault causing bodily harm and one count of possession of a weapon for a purpose dangerous to the public peace contrary to ss. 245(2) and 85 of the Criminal Code. The accused pleaded guilty to common assault and possession.

The Manitoba County Court sentenced the accused to concurrent sentences of 12 months imprisonment and one year probation for common assault and possession, but suspended the sentences on the condition that the accused undergo treatment for alcoholism.

Criminal Law - Topic 5830

Sentencing - Considerations on imposing sentence - General - The accused alcoholic used a pick handle to assault two of his hotel patrons - The accused had a criminal record and suffered financial, marital and physical problems - The Manitoba County Court held that the paramount sentencing considerations were deterrence of the accused and others and rehabilitation of the accused - See paragraph 9.

Criminal Law - Topic 5861

Sentence - Assault - Two counts of assault causing bodily harm to patrons in accused's hotel - Guilty plea to common assault - Criminal record - Financial, marital and physical problems associated with alcoholism that the accused refused to acknowledge - The Manitoba County Court gave the accused a 12 month suspended sentence and placed the accused on probation for one year with the condition that the accused undergo treatment for alcoholism - See paragraph 10.

Criminal Law - Topic 5871

Sentence - Possession and use of weapons - The accused used a pick handle to assault two of his hotel patrons - Guilty plea - Criminal record - Financial, marital and physical problems associated with alcoholism that the accused refused to acknowledge - The Manitoba County Court gave the accused a 12 month suspended sentence and placed him on one year probation with the condition that he undergo treatment for alcoholism - See paragraph 10.

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 85, sect. 245(2) [para. 1].

Mental Hygiene Law, New York State Statutes, sect. 103 [para. 5].

Counsel:

K. Tarwid, for the Crown;

D. Paterson, for the accused.

This case was heard by FERG, C.C.J., of the Manitoba County Court, who on March 2, 1981, delivered the following oral judgment: