R. v. R.M., (2014) 305 Man.R.(2d) 279 (PC)

• Judge: Corrin, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: April 29, 2014
• Jurisdiction: Manitoba
• Citations: (2014), 305 Man.R.(2d) 279 (PC);2014 MBPC 18

R. v. R.M. (2014), 305 Man.R.(2d) 279 (PC)

MLB headnote and full text

Temp. Cite: [2014] Man.R.(2d) TBEd. MY.022

Her Majesty The Queen v. R.M. (young person)

(2014 MBPC 18)

Indexed As: R. v. R.M.

Manitoba Provincial Court

Corrin, P.C.J.

April 29, 2014.

Summary:

The accused pled guilty to two counts of armed robbery and one count of aggravated assault. He was 14 years old at the time of the offences. The Crown applied to have the accused receive an adult sentence for the offences.

The Manitoba Provincial Court dismissed the application. The accused would be treated as a young person for the purpose of his sentencing.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence - On June 17, 2012, the accused robbed a convenience store with a pistol-style pellet gun concealed in the front of his hooded sweater - The clerk turned over $62.60 in cash - The accused was arrested a short time later - On November 6, 2012, while under strict conditions of judicial interim release, the accused concealed his face with a balaclava and approached two youths, brandishing a knife - The accused demanded that one of the victims give him his bicycle - He then slashed the victim's neck, causing a deep laceration approximately four inches in length - The accused then approached the other victim and, without provocation, struck him in his knee with the knife, causing a deep laceration and significant injury - The accused then stole the bicycle - The accused pled guilty to two counts of armed robbery and one count of aggravated assault - He was 14 years old at the time of both incidents - The Crown applied to have the accused receive an adult sentence for the offences - The Manitoba Provincial Court dismissed the application - Although the accused's crimes were very serious, there was nothing that suggested he was resistant to change or that the youth system was unable to hold him meaningfully accountable for his actions - It was the court's opinion that the accused could likely be rehabilitated and reintegrated in society because he had already begun to move toward that objective - That was particularly significant because the accused had never before had the benefit of a custodial and supervised detention - The accused would be treated as a young person for the purpose of his sentencing.

Cases Noticed:

R. v. B.L. (2013), 292 Man.R.(2d) 51; 2013 MBQB 89, refd to. [para. 6].

R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561; 2007 ONCA 144, refd to. [para. 7].

R. v. D.D.T. (2010), 493 A.R. 167; 502 W.A.C. 167; 2010 ABCA 365, refd to. [para. 7].

R. v. D.B. (2008), 374 N.R. 221; 237 O.A.C. 110; 2008 SCC 25, refd to. [para. 7].

R. v. D.D.T. (2009), 467 A.R. 341; 2009 ABQB 362, refd to. [para. 62].

R. v. C.W.W. (2006), 403 A.R. 344; 2006 ABPC 191, refd to. [para. 62].

R. v. M.D. (2008), 77 W.C.B.(2d) 844; 2008 ONCJ 310, refd to. [para. 62].

R. v. Lights, 2008 ONCJ 173, refd to. [para. 62].

R. v. Smith - see R. v. G.D.S.

R. v. G.D.S. (2009), 274 N.S.R.(2d) 200; 874 A.P.R. 200; 2009 NSCA 8, refd to. [para. 62].

R. v. B.C.F. (2008), 326 Sask.R. 77; 2008 SKPC 98, refd to. [para. 62].

R. v. J.S.-R., [2009] O.T.C. Uned. 966 (Sup. Ct.), refd to. [para. 62].

R. v. D.D.P - see R. v. Pratt (D.D.).

R. v. Pratt (D.D.) (2007), 239 B.C.A.C. 161; 396 W.A.C. 161; 2007 BCCA 206, refd to. [para. 62].

R. v. C.R.B. (2009), 334 Sask.R. 137; 2009 SKQB 176, refd to. [para. 62].

R. v. S.R.B. (2009), 448 A.R. 124; 447 W.A.C. 124; 2009 ABCA 45, refd to. [para. 62].

R. v. B.K.T.S. (2009), 237 Man.R.(2d) 243; 2009 MBQB 56, refd to. [para. 63].

R. v. T.W.T. (2008), 437 A.R. 321; 433 W.A.C. 321; 2008 ABCA 306, refd to. [para. 64].

R. v. A.J.D. (2009), 275 N.S.R.(2d) 308; 877 A.P.R. 308; 2009 NSSC 56, refd to. [para. 65].

R. v. C.K., 2006 ONCJ 283, refd to. [para. 66].

R. v. M.M.K., [2005] A.R. Uned. 786; 2005 ABPC 254, refd to. [para. 74].

R. v. Logan (T.) (2009), 248 O.A.C. 355; 97 O.R.(3d) 270; 2009 ONCA 402, refd to. [para. 74].

R. v. P.K. et al., [2005] A.R. Uned. 553; 2005 ABPC 190, refd to. [para. 75].

R. v. D.E., [2008] A.R. Uned. 533; 2008 ABPC 231, refd to. [para. 76].

R. v. M.B.W., [2007] A.R. Uned. 767; 2007 ABPC 292, affd. (2008), 437 A.R. 325; 433 W.A.C. 325; 2008 ABCA 317, refd to. [para. 76].

Authors and Works Noticed:

Bala, Nicholas, Youth Criminal Justice Law (2003), pp. 3, 4 [para. 19].

Counsel:

Susan Baragar, for the Crown;

Hillarie Tasche, for the young person.

This matter was heard before Corrin, P.C.J., of the Manitoba Provincial Court, who delivered the following decision on April 29, 2014.