R. v. Moore (R.E.), (2015) 318 Man.R.(2d) 176 (QB)

• Judge: Menzies, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: June 26, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 318 Man.R.(2d) 176 (QB);2015 MBQB 110

R. v. Moore (R.E.) (2015), 318 Man.R.(2d) 176 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. JL.015

Her Majesty The Queen v. Russell Eldon Moore (accused)

(CR 13-05-00297; 2015 MBQB 110)

Indexed As: R. v. Moore (R.E.)

Manitoba Court of Queen's Bench

Dauphin Centre

Menzies, J.

June 26, 2015.

Summary:

The accused was convicted of assault causing bodily harm. The Crown gave notice of its intention to have the accused declared a dangerous or long-term offender. The Crown applied to have the accused remanded for an assessment pursuant to s. 752.1 of the Criminal Code.

The Manitoba Court of Queen's Bench allowed the application.

Criminal Law - Topic 6509

Dangerous or long-term offenders - Detention - Remands (incl. for expert assessment) - Moore was convicted of assault causing bodily harm - The victim suffered a broken arm - The Crown gave notice of its intention to have Moore declared a dangerous or long-term offender - The Crown applied to have Moore remanded for an assessment pursuant to s. 752.1 of the Criminal Code - Moore objected - The Manitoba Court of Queen's Bench allowed the application - Moore's criminal record included, inter alia, 16 convictions for violent offences between 1982 and 2013 - This could constitute proof of a pattern of repetitive and persistent aggressive behaviour - This pattern might constitute proof of a failure by Moore to restrain his behaviour which could result in a likelihood of injury to other persons in the future, and a degree of indifference by Moore to the foreseeable consequences of his behaviour - There were reasonable and probable grounds to believe that Moore might be found to be a dangerous offender.

Cases Noticed:

R. v. Fulton (C.J.) (2006), 289 Sask.R. 98; 382 W.A.C. 98; 2006 SKCA 115, refd to. [para. 4].

R. v. Tremblay (J.G.) (2000), 260 A.R. 191 (Q.B.), refd to. [para. 5].

R. v. Stratton, 2009 ONCJ 410, refd to. [para. 9].

R. v. Moise (M.W.) (2015), 457 Sask.R. 190; 632 W.A.C. 190; 2015 SKCA 39, refd to. [para. 10].

Counsel:

Bretta Passler, for the Crown;

Eric B. Irwin, for the accused.

This application was heard before Menzies, J., of the Manitoba Court of Queen's Bench, Dauphin Centre, who delivered the following judgment on June 26, 2015.