R. v. Peters (R.N.), 2015 MBCA 119

• Judge: Monnin, Steel and Burnett, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 19, 2015
• Jurisdiction: Manitoba
• Citations: 2015 MBCA 119;(2015), 323 Man.R.(2d) 237 (CA)

R. v. Peters (R.N.) (2015), 323 Man.R.(2d) 237 (CA);

      657 W.A.C. 237

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. JA.002

Her Majesty The Queen (appellant) v. Ryan Nathan Peters (accused/respondent)

(AR 14-30-08279; 2015 MBCA 119)

Indexed As: R. v. Peters (R.N.)

Manitoba Court of Appeal

Monnin, Steel and Burnett, JJ.A.

December 17, 2015.

Summary:

The aboriginal accused pleaded guilty to a charge of possession of cocaine for the purpose of trafficking along with two breaches of his terms of release. He was sentenced to a suspended sentence along with three years' supervised probation with 200 hours' community service. The Crown sought leave to appeal and appealed the sentence.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 5704

Punishments (sentence) - Suspended sentence - Circumstances when appropriate - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5830.8

Sentencing - Considerations on imposing sentence - Drug and narcotic offences - The aboriginal accused pleaded guilty to a charge of possession of cocaine for the purpose of trafficking along with two breaches of his terms of release - At the time of sentencing on October 29, 2014, he was 31 years old and had his family's support - On June 9, 2014, he had been granted sole custody of twins born shortly after his arrest on March 5, 2013, as well as a third child, who was two months' old at sentencing - Child and Family Services had found him to be a good parent and had no concerns about his abstinence and criminal risk - The trial judge sentenced the accused to a suspended sentence along with three years' supervised probation with 200 hours' community service - The Manitoba Court of Appeal dismissed a Crown appeal - The sentencing judge did not err in her application of the Gladue/Ipeelee factors - Further, she paid particular attention to this particular accused's circumstances and what he had achieved, both for himself and his children, since his arrest (i.e., apparent rehabilitation) - It justified her recourse to a restorative approach to sentencing - The sentence was unusual, but not unfit.

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5847.1

Sentencing - Considerations on imposing sentence - Restorative justice - [See Criminal Law - Topic 5830.8 ].

Criminal Law - Topic 5850

Sentence - Trafficking in a narcotic or a controlled drug or substance (incl. possession for the purpose of trafficking) - [See Criminal Law - Topic 5830.8 ].

Cases Noticed:

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, appld. [para. 3].

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, appld. [para. 3].

R. v. Oates (K.A.L.) (2015), 373 B.C.A.C. 123; 641 W.A.C. 123; 2015 BCCA 259, refd to. [para. 16].

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 18].

R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 18].

R. v. Ruizfuentes (H.S.) (2010), 258 Man.R.(2d) 220; 499 W.A.C. 220; 2010 MBCA 90, refd to. [para. 18].

R. v. Voong (D.M.) et al. (2015), 374 B.C.A.C. 166; 642 W.A.C. 166; 2015 BCCA 285, appld. [para. 19].

Counsel:

R.H. Smith and J.S. Kliewer, for the appellant;

B.F. Bonney, for the respondent.

This application for leave to appeal and appeal were heard on June 19, 2015, by Monnin, Steel and Burnett, JJ.A., of the Manitoba Court of Appeal. Monnin, J.A., delivered the following decision for the court on December 17, 2015.