R. v. Semple (R.J.), (2009) 243 Man.R.(2d) 194 (PC)

• Judge: Harvie, P.C.J.
• Court: Provincial Court of Manitoba (Canada)
• Case Date: July 07, 2009
• Jurisdiction: Manitoba
• Citations: (2009), 243 Man.R.(2d) 194 (PC);2009 MBPC 33

R. v. Semple (R.J.) (2009), 243 Man.R.(2d) 194 (PC)

MLB headnote and full text

Temp. Cite: [2009] Man.R.(2d) TBEd. AU.012

Her Majesty The Queen v. Rainie James Semple

(2009 MBPC 33)

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

Manitoba Provincial Court

Winnipeg Centre

Harvie, P.C.J.

July 7, 2009.

Summary:

The accused was convicted of assault causing bodily harm, contrary to s. 267(b) of the Criminal Code. At the conclusion of the trial, Crown counsel applied for and was granted an adjournment for the accused to be assessed pursuant to s. 752.1 of the Code. An assessment was completed, as a result of which both counsel agreed that the accused should be designated a "long-term offender" as defined in s. 753.1 of the Code.

The Manitoba Provincial Court sentenced the accused to five years' imprisonment with respect to the offence of assault causing bodily harm. The accused was given credit for eight months of pre-sentence custody at the rate of 1.5 to 1, reducing the sentence left to be served to four years. Pursuant to s. 753.1 of the Code, the accused was designated to be a long-term offender. He was to be the subject of a long-term supervision order for a period of 10 years. The accused was also to provide a sample for DNA analysis and was to be the subject of a lifetime weapons prohibition.

Criminal Law - Topic 5848.2

Sentencing - Considerations on imposing sentence - Time already served (incl. bail) - The accused was convicted of assault causing bodily harm - The Crown argued that any credit to be given for eight months of pre-sentence custody ought to be calculated at the rate of 1 to 1 - The Manitoba Provincial Court stated "I note that [the accused] had the opportunity to participate in some programming while on remand. There is some optimism, albeit guarded, that can be attached to his recent counseling efforts. I am not satisfied that his participation in those sessions should result in reducing the credit for his pre-trial custody to 1:1, as such an approach could have the effect of discouraging offenders from participating in the very counselling they require to eventually lead a crime-free existence. Having said that, his previous attempts at early release have repeatedly resulted in his breaching release orders and being returned to custody. Taking into account all of these circumstances, I am satisfied that he should be given credit for the time in custody at the rate of 1.5 to 1" - See paragraph 38.

Criminal Law - Topic 5883

Sentence - Assault with a weapon or assault causing bodily harm - The complainant and the accused were both intoxicated when they argued and the complainant attempted to leave - The accused began to hit, punch and kick the complainant, knocking her to the ground - He continued to kick her in the face and while doing so asked her how it would feel to be raped by his two friends, referring to his brother and another male who were present but who did not take part in the assault - The complainant suffered injuries to her face, eyes, lips, arms, legs and ribs - While she suffered "significant bruising and soft tissue injuries" there were no fractures - The accused was convicted of assault causing bodily harm - At the conclusion of the trial, Crown counsel applied for and was granted an adjournment for the accused to be assessed pursuant to s. 752.1 of the Criminal Code - An assessment was completed, as a result of which both counsel agreed that the accused should be designated a "long-term offender" - The accused was 36 years old - He had a lengthy criminal record, which included entries for sexual, violent and property related offences - "Very high risk" to reoffend violently - The Manitoba Provincial Court sentenced the accused to five years' imprisonment with respect to the offence of assault causing bodily harm - The accused was given credit for eight months of pre-sentence custody at the rate of 1.5 to 1, reducing the sentence left to be served to four years - Pursuant to s. 753.1 of the Criminal Code, the accused was designated to be a long-term offender - He was to be the subject of a long-term supervision order for a period of 10 years - The accused was also to provide a sample for DNA analysis and was to be the subject of a lifetime weapons prohibition.

Criminal Law - Topic 6577

Dangerous or long-term offenders - Detention (incl. common law preventive detention) - Sentencing - Community or long-term supervision order - [See Criminal Law - Topic 5883 ].

Cases Noticed:

R. v. Halsey (J.) (2008), 264 N.S.R.(2d) 397; 847 A.P.R. 397; 2008 CarswellNS 214; 2008 NSSC 134, refd to. [para. 23].

R. v. Grouse (L.) (1994), 71 O.A.C. 79; 1994 CanLII 414 (C.A.), refd to. [para. 23].

R. v. Bradley (L.) (2009), 246 O.A.C. 279; 2009 ONCA 175, refd to. [para. 23].

R. v. McKay (F.G.), 1998 CarswellMan 209 (Prov. Ct.), refd to. [para. 23].

R. v. Mason (C.A.) (2002), 166 Man.R.(2d) 170; 278 W.A.C. 170 (C.A.), refd to. [para. 34].

R. v. Vermette (I.M.) (2001), 156 Man.R.(2d) 120; 246 W.A.C. 120; 2001 MBCA 64, refd to. [para. 34].

R. v. Young (S.K.) (2004), 184 Man.R.(2d) 177; 318 W.A.C. 177; 2004 MBCA 69, refd to. [para. 34].

R. v. Kolarova (D.) (2007), 223 Man.R.(2d) 29; 2007 MBPC 66, refd to. [para. 35].

R. v. Roulette (P.) (2005), 201 Man.R.(2d) 148; 366 W.A.C. 148; 2005 MBCA 149, refd to. [para. 35].

R. v. Hawkins (D.W.) (2007), 247 B.C.A.C. 148; 409 W.A.C. 148; 2007 CarswellBC 2428; 2007 BCCA 487, refd to. [para. 35].

R. v. A.U., [2008] Nunavut Cases Uned. 4; 2008 NUCJ 4, refd to. [para. 5].

R. v. Haug (D.W.) (2006), 278 Sask.R. 28; 2006 SKQB 140, refd to. [para. 35].

R. v. Orr (C.) (2008), 251 B.C.A.C. 303; 420 W.A.C. 303; 2008 BCCA 76, refd to. [para. 36].

Counsel:

John W. Field, Q.C., for the Crown;

Bill Armstrong, for the accused.

This matter was heard before Harvie, A.C.J.P.C., of the Manitoba Provincial Court, Winnipeg Centre, who delivered the following judgment on July 7, 2009.