R. v. S.L., (2012) 274 Man.R.(2d) 183 (PC)

• Judge: Redhead, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: February 02, 2012
• Jurisdiction: Manitoba
• Citations: (2012), 274 Man.R.(2d) 183 (PC);2012 MBPC 22

R. v. S.L. (2012), 274 Man.R.(2d) 183 (PC)

MLB headnote and full text

Temp. Cite: [2012] Man.R.(2d) TBEd. FE.022

Her Majesty The Queen v. S.L. (accused)

(2012 MBPC 22)

Indexed As: R. v. S.L.

Manitoba Provincial Court

Redhead, P.C.J.

February 2, 2012.

Summary:

The now 19 year old part aboriginal accused, S.L., was 16 when he and K.W., another young person, broke into the victim's home. They beat the victim and left him for dead. The victim died. S.L. and K.W. pled guilty to second degree murder. K.W. was sentenced as a young person to two years' secure custody and five years' conditional supervision. The Crown applied under s. 72(1) of the Youth Criminal Justice Act to have an adult sentence imposed on S.L.

The Manitoba Provincial Court allowed the application.

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 5806

Sentencing - General - Co-accused - Sentence parity - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence (incl. place of custody) - The now 19 year old part aboriginal accused, S.L., was 16 when he and K.W., another young person, broke into the victim's home - They beat the victim and left him for dead - The victim died - S.L. and K.W. pled guilty to second degree murder - K.W. was sentenced as a young person to two years' secure custody and five years' conditional supervision - The Manitoba Provincial Court allowed the Crown's application under s. 72(1) of the Youth Criminal Justice Act to have an adult sentence imposed on S.L. - This was a serious offence - The circumstances were "horrific" - The victim sustained at least 28 blows to the head with a baseball bat - The harm done was intentional and the death that resulted was reasonably foreseeable - A Gladue report had been prepared and considered - However, given the offence's serious nature, there were no reasonable sanctions other than custody - While the parity principle applied, K.W. was in a different position regarding a previous record, participation in the offence, background and post-offence conduct - S.L. had a previous record, had taken limited responsibility for his role in the offence and had minimized his conduct - After almost three years in custody, S.L. had only recently begun to make improvements in his behaviour - He had several risk factors for recidivism and would require an extended period of supervision once released - A youth sentence would not hold S.L. accountable - An adult sentence would ensure that he would continue to be subject to state supervision should he be granted parole.

Cases Noticed:

R. v. T.F. et al., [2006] O.T.C. 866; 71 W.C.B.(2d) 139 (Sup. Ct.), refd to. [para. 32].

R. v. Ferriman - see R. v. T.F. et al.

R. v. Gladue (J.T.) (1999), 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161 (S.C.C.), refd to. [para. 77].

R. v. J.J.T. (2010), 257 Man.R.(2d) 129; 2010 MBQB 216, refd to. [para. 106].

R. v. J.M., 2004 ONCJ 100, refd to. [para. 108].

R. v. Morton - see R. v. J.M.

R. v. C.E.S. (2009), 240 Man.R.(2d) 107; 456 W.A.C. 107; 2009 MBCA 61, refd to. [para. 109].

R. v. Logan (T.) (2009), 248 O.A.C. 355; 97 O.R.(3d) 270; 2009 ONCA 402, refd to. [para. 110].

R. v. G.D.S. (2009), 274 N.S.R.(2d) 200; 874 A.P.R. 200; 241 C.C.C.(3d) 10; 2009 NSCA 8, refd to. [para. 112].

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

R. v. T.D.S. (2009), 237 Man.R.(2d) 230; 2009 MBQB 54, refd to. [para. 114].

R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561 (C.A.), refd to. [para. 116].

R. v. Smith (M.) (2010), 293 N.S.R.(2d) 341; 928 A.P.R. 341; 2010 NSPC 53, refd to. [para. 118].

R. v. M.S. - see R. v. Smith (M.).

R. v. M.O. (2011), 261 Man.R.(2d) 222; 2011 MBPC 5, refd to. [para. 120].

R. v. C.L.S. et al. (2011), 261 Man.R.(2d) 158; 2011 MBQB 28, refd to. [para. 122].

R. v. J.J.H. (2010), 256 Man.R.(2d) 59; 2010 MBQB 177, refd to. [para. 122].

R. v. N.H. (2009), 280 N.S.R.(2d) 148; 891 A.P.R. 148; 2009 NSPC 36, refd to. [para. 125].

R. v. C.S. (2008), 265 N.S.R.(2d) 235; 848 A.P.R. 235; 2008 NSPC 22, refd to. [para. 126].

R. v. T.P.D. (2009), 284 N.S.R.(2d) 19; 901 A.P.R. 19; 2009 NSSC 332, refd to. [para. 127].

Counsel:

D. Gray and J. Brown, for the Crown;

R. Janis, for the accused/young person.

This application was heard at Thompson, Manitoba, by Redhead, P.C.J., of the Manitoba Provincial Court, who delivered the following reasons for decision on February 2, 2012.