R. v. PES, 2018 MBCA 124

JurisdictionManitoba
JudgeFreda M. Steel,Marc M. Monnin,Christopher J. Mainella
Citation2018 MBCA 124
Date22 November 2018
CourtCourt of Appeal (Manitoba)
Docket NumberAr17-30-08895
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4 practice notes
  • R. v. PHILLIP LIONEL LEVAC, 2020 SKQB 171
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 5 Junio 2020
    ...to grooming of Ms. Y-H by Mr. Levac for sexual contact. In particular, she referred me to R v Rayo, 2018 QCCA 824 [Rayo], and R v P.E.S., 2018 MBCA 124, 368 CCC (3d) 500, and the explanation of what qualified as “grooming”. In Rayo, at para 139, Kasirer J.A. (as he then was) cited a 2010 st......
  • R. v. A.B.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 23 Octubre 2020
    ...case before me. iii) Other case law I have also considered the following cases in addition to those submitted by counsel. · Regina v. PES 2018 MBCA 124. Here the Court of Appeal for Manitoba considered the sentence of 3.5 years incarceration for sexual exploitation appropriate. The accused ......
  • R v Ward, 2020 MBCA 38
    • Canada
    • Court of Appeal (Manitoba)
    • 25 Marzo 2020
    ...or it can find that, notwithstanding the error in principle, the original sentence is still fit and uphold that sentence (see R v PES, 2018 MBCA 124). [14] Regardless of whether the error in principle committed by the trial judge was material, in our view, a sentence of nine years for these......
  • R v BAJN,
    • Canada
    • Court of Appeal (Manitoba)
    • 6 Abril 2021
    ...a mitigating factor in the determination of the offender’s sentence (see para 42).  This principle was reinforced in R v PES, 2018 MBCA 124, where Steel JA underscored that, in cases of this kind, “[t]he fact that there was ostensible consent is irrelevant” (at par......
4 cases
  • R. v. PHILLIP LIONEL LEVAC, 2020 SKQB 171
    • Canada
    • Court of Queen's Bench of Saskatchewan (Canada)
    • 5 Junio 2020
    ...to grooming of Ms. Y-H by Mr. Levac for sexual contact. In particular, she referred me to R v Rayo, 2018 QCCA 824 [Rayo], and R v P.E.S., 2018 MBCA 124, 368 CCC (3d) 500, and the explanation of what qualified as “grooming”. In Rayo, at para 139, Kasirer J.A. (as he then was) cited a 2010 st......
  • R. v. A.B.,
    • Canada
    • Superior Court of Justice of Ontario (Canada)
    • 23 Octubre 2020
    ...case before me. iii) Other case law I have also considered the following cases in addition to those submitted by counsel. · Regina v. PES 2018 MBCA 124. Here the Court of Appeal for Manitoba considered the sentence of 3.5 years incarceration for sexual exploitation appropriate. The accused ......
  • R v Ward, 2020 MBCA 38
    • Canada
    • Court of Appeal (Manitoba)
    • 25 Marzo 2020
    ...or it can find that, notwithstanding the error in principle, the original sentence is still fit and uphold that sentence (see R v PES, 2018 MBCA 124). [14] Regardless of whether the error in principle committed by the trial judge was material, in our view, a sentence of nine years for these......
  • R v BAJN,
    • Canada
    • Court of Appeal (Manitoba)
    • 6 Abril 2021
    ...a mitigating factor in the determination of the offender’s sentence (see para 42).  This principle was reinforced in R v PES, 2018 MBCA 124, where Steel JA underscored that, in cases of this kind, “[t]he fact that there was ostensible consent is irrelevant” (at par......

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