R. v. Moise (M.W.), (2012) 406 Sask.R. 153 (QB)

JudgeMills, J.
CourtCourt of Queen's Bench of Saskatchewan (Canada)
Case DateSeptember 21, 2012
JurisdictionSaskatchewan
Citations(2012), 406 Sask.R. 153 (QB);2012 SKQB 389

R. v. Moise (M.W.) (2012), 406 Sask.R. 153 (QB)

MLB headnote and full text

Temp. Cite: [2012] Sask.R. TBEd. OC.038

Her Majesty the Queen v. Mitchell William Moise

(2007 Crim. No. 674; 2012 SKQB 389)

Indexed As: R. v. Moise (M.W.)

Saskatchewan Court of Queen's Bench

Judicial Centre of Wynyard

Mills, J.

September 21, 2012.

Summary:

In October 2008, the accused pled guilty on a three count indictment (break and enter, aggravated assault and assault). The Crown sought a declaration that the accused was a dangerous offender. In May 2010, the accused moved to expunge his guilty plea.

The Saskatchewan Court of Queen's Bench, in a decision reported at (2011), 368 Sask.R. 238, denied the motion.

The Saskatchewan Court of Queen's Bench declared that the accused was a dangerous offender, resulting in an indeterminate sentence.

Criminal Law - Topic 5861

Sentence - Assault (incl. common assault) - [See Criminal Law - Topic 6576 ].

Criminal Law - Topic 5951

Sentence - Break and enter - [See Criminal Law - Topic 6576 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 6576 ].

Criminal Law - Topic 6574

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Sentencing - Considerations - [See Criminal Law - Topic 6576 ].

Criminal Law - Topic 6576

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Sentencing - Indeterminate vs. determinate sentence - In October 2008, the accused pled guilty on a three count indictment (break and enter, aggravated assault and assault) - The Crown sought a declaration that the accused was a dangerous offender - The defence conceded that the accused met the criteria of being a dangerous offender under s. 753(1) of the Criminal Code - The Saskatchewan Court of Queen's Bench declared that the accused was a dangerous offender, resulting in an indeterminate sentence - The court was satisfied that there was not a "reasonable possibility of eventual control of the risk in the community" that would allow a fixed term sentence followed by a long-term supervision order - Everything indicated a high risk to reoffend - Not only was the risk to reoffend high, but the degree of violence was high - The assessment of reasonable possibility of control of that risk in the community was therefore heightened - The risk included a real risk that someone would die from the accused's future criminal conduct - Even in a structured environment, the accused angered quickly and behaved inappropriately when faced with a situation that did not go his way - While there was hope that the accused had the potential to bring himself out of a horrible upbringing, hope, by itself, was not enough.

Cases Noticed:

R. v. Johnson (J.J.), [2003] 2 S.C.R. 357; 308 N.R. 333; 186 B.C.A.C. 161; 306 W.A.C. 161; 2003 SCC 46, refd to. [para. 5].

R. v. Lyons, [1987] 2 S.C.R. 309; 80 N.R. 161; 82 N.S.R.(2d) 271; 207 A.P.R. 271, refd to. [para. 41].

R. v. Daniels (D.), [2011] 8 W.W.R. 605; 375 Sask.R. 1; 525 W.A.C. 1; 2011 SKCA 67, refd to. [para. 42].

R. v. Goforth (M.A.) (2007), 302 Sask.R. 265; 411 W.A.C. 265; 2007 SKCA 144, refd to. [para. 50].

Counsel:

Roger V. De Corby, for the Crown;

William H. Roe, Q.C., for the accused.

This matter was heard by Mills, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Wynyard, who delivered the following judgment on September 21, 2012.

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3 practice notes
  • Digest: R v Moise, 2017 SKQB 372
    • Canada
    • Saskatchewan Law Society Case Digests
    • 17 Diciembre 2019
    ...� Aboriginal Offender Digest: The accused had been designated a dangerous offender pursuant to Part XXIV of the Criminal Code (see: 2012 SKQB 389). He appealed that sentence and it was allowed on the ground that the sentencing judge erred by failing to consider the principles set out in eit......
  • R. v. MOISE, 2017 SKQB 372
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 15 Diciembre 2017
    ...was declared a dangerous offender by this Court and an indeterminate sentence of incarceration was imposed upon Mr. Moise (R v Moise, 2012 SKQB 389, 406 Sask R 153 ). [3] Mr. Moise appealed that sentence to the Saskatchewan Court of Appeal (R v Moise, 2015 SKCA 39 , 457 Sask R 190 [Mois......
  • R. v. Moise (M.W.), 2015 SKCA 39
    • Canada
    • Court of Appeal (Saskatchewan)
    • 13 Enero 2015
    ...reported at (2011), 368 Sask.R. 238 , denied the motion. The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 406 Sask.R. 153, declared that the accused was a dangerous offender, resulting in an indeterminate sentence. The accused appealed. The Saskatchewan Court of A......
2 cases
  • R. v. MOISE, 2017 SKQB 372
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 15 Diciembre 2017
    ...was declared a dangerous offender by this Court and an indeterminate sentence of incarceration was imposed upon Mr. Moise (R v Moise, 2012 SKQB 389, 406 Sask R 153 ). [3] Mr. Moise appealed that sentence to the Saskatchewan Court of Appeal (R v Moise, 2015 SKCA 39 , 457 Sask R 190 [Mois......
  • R. v. Moise (M.W.), 2015 SKCA 39
    • Canada
    • Court of Appeal (Saskatchewan)
    • 13 Enero 2015
    ...reported at (2011), 368 Sask.R. 238 , denied the motion. The Saskatchewan Court of Queen's Bench, in a decision reported at (2012), 406 Sask.R. 153, declared that the accused was a dangerous offender, resulting in an indeterminate sentence. The accused appealed. The Saskatchewan Court of A......
1 books & journal articles
  • Digest: R v Moise, 2017 SKQB 372
    • Canada
    • Saskatchewan Law Society Case Digests
    • 17 Diciembre 2019
    ...� Aboriginal Offender Digest: The accused had been designated a dangerous offender pursuant to Part XXIV of the Criminal Code (see: 2012 SKQB 389). He appealed that sentence and it was allowed on the ground that the sentencing judge erred by failing to consider the principles set out in eit......

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