R. v. Semple (R.J.), 2010 MBCA 57

• Judge: Scott, C.J.M., Chartier and MacInnes, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 14, 2010
• Jurisdiction: Manitoba
• Citations: 2010 MBCA 57;(2010), 251 Man.R.(2d) 316 (CA)

R. v. Semple (R.J.) (2010), 251 Man.R.(2d) 316 (CA);

      478 W.A.C. 316

MLB headnote and full text

Temp. Cite: [2010] Man.R.(2d) TBEd. MY.052

Her Majesty The Queen (respondent) v. Rainie James Semple (accused/appellant)

(AR 09-30-07207; 2010 MBCA 57)

Indexed As: R. v. Semple (R.J.)

Manitoba Court of Appeal

Scott, C.J.M., Chartier and MacInnes, JJ.A.

May 14, 2010.

Summary:

The accused was convicted of assault causing bodily harm.

The Manitoba Provincial Court, in a decision reported at (2009), 243 Man.R.(2d) 194, found the accused to be a long-term offender under s. 753.1 of the Criminal Code. The court imposed a sentence of five years' imprisonment, which, after taking into account the pre-sentence custody, was adjusted to four years. The court also imposed a 10 year period of supervision pursuant to s. 753.1(3)(b) of the Code. The accused appealed from the conviction on the ground of unreasonable verdict. He also appealed the custodial portion of his sentence on the ground that it was harsh and excessive.

The Manitoba Court of Appeal dismissed the appeal from both conviction and sentence.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - The accused was convicted of assault causing bodily harm - The trial judge found the accused to be a long-term offender under s. 753.1 of the Criminal Code - She imposed a sentence of five years' imprisonment which, after taking into account the pre-sentence custody, was adjusted to four years - She also imposed a 10 year period of supervision pursuant to s. 753.1(3)(b) of the Code - The accused appealed from the custodial portion of his sentence, arguing that the judge erred in imposing a sentence on the basis of treatment requirement rather than on the fitness of the sentence - The Manitoba Court of Appeal dismissed the appeal - While it would be an error in principle to impose a longer period of imprisonment simply to facilitate treatment, that was not what happened in this case - The judge found the accused guilty of punching the complainant in the face and throwing her to the ground where he repeatedly kicked her in the face and ribs causing her to lose consciousness - The incident arose approximately one year after he had served an equivalent sentence of seven years and four months for sexual assault - The accused's criminal record included at least eight prior convictions for serious acts of violence against women - The principles of denunciation, deterrence and protection of society were correctly first and foremost in the judge's mind - While the sentence may have been at the high end, it was not unfit - See paragraphs 8 to 12.

Cases Noticed:

R. v. Gagnon (L.), [2006] 1 S.C.R. 621; 347 N.R. 355; 2006 SCC 17, refd to. [para. 4].

R. v. L.M., [2008] 2 S.C.R. 163; 374 N.R. 351; 2008 SCC 31, refd to. [para. 12].

Counsel:

W.F. Armstrong, for the appellant;

J.W. Field, Q.C., for the Crown.

This appeal was heard on May 14, 2010, before Scott, C.J.M., Chartier and MacInnes, JJ.A., of the Manitoba Court of Appeal. The following judgment of the Court of Appeal was delivered by Chartier, J.A., on the same date.