R. v. S.M., (2016) 325 Man.R.(2d) 285 (PC)

JudgeCorrin, P.C.J.
CourtProvincial Court of Manitoba (Canada)
Case DateFebruary 04, 2016
JurisdictionManitoba
Citations(2016), 325 Man.R.(2d) 285 (PC);2016 MBPC 7

R. v. S.M. (2016), 325 Man.R.(2d) 285 (PC)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. FE.029

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

(2016 MBPC 7)

Indexed As: R. v. S.M.

Manitoba Provincial Court

Corrin, P.C.J.

February 4, 2016.

Summary:

S.M., an Aboriginal youth, entered guilty pleas to a number of charges, including two counts of robbery with respect to an incident. He and his two co-accused, all wards of the state, had acted as a group. Currently 18 years of age, he was 16 at the time of the offences. He had spent a total of some 415 days in custody. The Crown sought a three year maximum youth sentence with respect to the robbery charges. Both counsel agreed that the other counts could be dealt with by way of a single probation order.

The Manitoba Provincial Court decided that S.M.'s time in custody had been of sufficient length to stabilize him and had assured his preparedness to reintegrate back into society, subject to a period of supervised probation for a period of two years to address his rehabilitative needs.

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 5736

Punishments (sentence) - Probation or probation order - Treatment order - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5846.9

Sentencing - Considerations - Group activity - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5848.8

Sentencing - Considerations on imposing sentence - First offence - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 5855

Sentence - Robbery - The accused, an Aboriginal youth, entered guilty pleas to two counts of robbery with respect to an incident in June 2014 - Currently 18 years of age but was 16 at the time of the offences - He and his two co-accused, all wards of the state, had acted as a group - The Crown sought a three year maximum youth sentence - Apprehended from his mother shortly after birth - Resided in a foster home until March 2014 - Placed in emergency placement (a motel) where he met his robbery co-accused - No prior criminal convictions - Matured considerably while in custody (total of some 415 days) - Sincerely remorseful and apologetic - Recognized his drug dependency problem and wanted treatment - The Manitoba Provincial Court decided that the time in custody had been sufficient to stabilize the accused and assured his preparedness to reintegrate into society, subject to a period of supervised probation for two years to address his rehabilitative needs - The robbery incident was precipitated principally by the "extreme and unnecessary stress" associated with placement in the motel - The sentence of some 3.2 to 3.3 years under the control of the state reflected a considerable amount of accountability and the accused's responsibility - See paragraphs 48 to 52.

Criminal Law - Topic 8802

Young offenders - Decisions (incl. punishments) - Credit for time served - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5855 ].

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punishments) - Probation - [See Criminal Law - Topic 5855 ].

Cases Noticed:

R. v. A.O. et al. (2007), 222 O.A.C. 38; 218 C.C.C.(3d) 409; 2007 ONCA 144 (C.A.), refd to. [para. 6].

R. v. A.A., 2009 CarswellOnt 4044, refd to. [para. 14].

R. v. C.T. (2005), 201 Man.R.(2d) 194; 366 W.A.C. 194 (C.A.), refd to. [para. 15].

R. v. L.M., [2008] 2 S.C.R. 163; 374 N.R. 351; 2008 SCC 31, refd to. [para. 17].

R. v. Rocha (S.) (2009), 236 Man.R.(2d) 213; 448 W.A.C. 213; 2009 MBCA 26, refd to. [para. 18].

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, refd to. [para. 20].

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, refd to. [para. 20].

R. v. Nasogaluak (L.M.), [2010] 1 S.C.R. 206; 398 N.R. 107; 474 A.R. 88; 479 W.A.C. 88; 2010 SCC 6, refd to. [para. 25].

R. v. McCowan (K.J.) (2010), 251 Man.R.(2d) 295; 478 W.A.C. 295; 2010 MBCA 45, refd to. [para. 26].

R. v. Doherty (1972), 9 C.C.C.(3d) 115, refd to. [para. 28].

R. v. Henderson (J.A.) (2012), 275 Man.R.(2d) 168; 538 W.A.C. 168; 2012 MBCA 9, refd to. [para. 29].

R. v. Tran (A.) (2015), 323 Man.R.(2d) 293; 657 W.A.C. 293; 2015 MBCA 120, refd to. [para. 31].

R. v. A.B. (2012), 275 Man.R.(2d) 285; 538 W.A.C. 285; 2012 MBCA 25, consd. [para. 43].

R. v. K.O. (2009), 236 Man.R.(2d) 158; 448 W.A.C. 158; 2009 MBCA 13, refd to. [para. 44].

R. v. A.H. (2011), 306 Nfld. & P.E.I.R. 353; 951 A.P.R. 353; 2011 NLCA 25, refd to. [para. 45].

R. v. M.A.H. (2006), 285 Sask.R. 284; 378 W.A.C. 284; 2006 SKCA 114, refd to. [para. 46].

R. v. C.N. (2006), 215 O.A.C. 181 (C.A.), refd to. [para. 47].

Counsel:

Wendy Friesen and Ainslie Schroeder, for the Crown;

William Marks, for the accused.

This sentencing matter was heard before Corrin, P.C.J., of the Manitoba Provincial Court, who delivered the following decision and reasons, dated February 4, 2016.

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