R. v. Sowa (L.T.), (1993) 88 Man.R.(2d) 62 (CA)

• Judge: Huband, Philp and Lyon, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: September 13, 1993
• Jurisdiction: Manitoba
• Citations: (1993), 88 Man.R.(2d) 62 (CA)

R. v. Sowa (L.T.) (1993), 88 Man.R.(2d) 62 (CA);

    51 W.A.C. 62

MLB headnote and full text

Her Majesty The Queen (respondent) v. Lawrence Theodore Sowa (appellant)

(Suit No. A.R. 91-30-00172)

Indexed As: R. v. Sowa (L.T.)

Manitoba Court of Appeal

Huband, Philp and Lyon, JJ.A.

September 13, 1993.

Summary:

The accused was convicted of three counts of sexual assault. The complainants were three young girls.

The Manitoba Court of Queen's Bench, in a judgment reported 72 Man.R.(2d) 15, found the accused to be a dangerous offender. The trial judge exercised his dis­cretion not to impose an indeterminate period of imprisonment and sentenced the accused to a total of 14 years' imprisonment. The accused appealed both conviction and sentence.

The Manitoba Court of Appeal dismissed the conviction appeal and allowed the sen­tence appeal. The court reduced the total sentence from 14 to 12 years' imprisonment.

Civil Rights - Topic 4620.1

Right to counsel - Right to effective as­sistance by counsel - The accused was convicted of three counts of sexual assault involving three young girls - The accused claimed he was inadequately represented by counsel at trial, where counsel failed to vigorously cross-examine the complainants - The accused claimed that by not doing so counsel failed to discover inconsisten­cies in their testimony and failed to weaken their credibility - The Manitoba Court of Appeal dismissed this ground of appeal - The record failed to disclose inadequate representation by counsel.

Criminal Law - Topic 5932

Sentence - Sexual assault - The 49 year old accused sociopath was convicted of three counts of sexual assault involving three 14-15 year old girls - He turned the girls into "sexual toys" through the use of drugs, alcohol and fear - 24 prior convic­tions since age 19, including theft, robbery, dangerous driving, trafficking, escape and sexual assault - No guilt or sense of per­sonal responsibility - Accused very ma­nipulative - Sexual impulses towards young women repetitive, persistent and uncontrolled - Spent 2.5 years in custody pending trial - The trial judge labelled the accused a dangerous offender, but exer­cised his discretion not to impose an inde­terminate period of detention - The trial judge sentenced the accused to a total of 14 years' imprisonment - The Manitoba Court of Appeal, treating the accused's sentence appeal as if he were not a dan­gerous offender, reduced the total sentence to 12 years' imprisonment, because 14 years was marginally excessive.

Criminal Law - Topic 6558

Dangerous offenders - Detention - Pro­tection of the public - Dangerous sexual offender - [See Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. Kienapple, [1975] 1 S.C.R. 729; 1 N.R. 322; 26 C.R.N.S. 1; 15 C.C.C.(3d) 524; 44 D.L.R.(3d) 351, refd to. [para. 3].

R. v. E.J.B. (1992), 105 Sask.R. 15; 76 C.C.C.(3d) 530 (C.A.), refd to. [para. 21].

R. v. Sarson (L.W.) (1992), 115 N.S.R.(2d) 445; 314 A.P.R. 445; 77 C.C.C.(3d) 233 (C.A.), refd to. [para. 21].

R. v. Collier (J.C.) (1992), 59 O.A.C. 76; 77 C.C.C.(3d) 570 (C.A.), refd to. [para. 21].

R. v. Langevin (1984), 3 O.A.C. 110; 45 O.R.(2d) 705 (C.A.), refd to. [para. 26].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 684 [para. 19]; sect. 752(a)(i) [para. 27]; sect. 753 [para. 24].

Authors and Works Noticed:

Phipson on Evidence (14th Ed.), para. 29-03 [para. 21].

Counsel:

S.Z. Katz and D.B. Deutscher, for the appellant;

L.T. Sowa, on his own behalf;

G.A. Lawlor, for the respondent.

This appeal was heard on January 6, April 8 and June 16, 1993, before Huband, Philp and Lyon, JJ.A., of the Manitoba Court of Appeal.

On September 13, 1993, Huband, J.A., delivered the following judgment for the Court of Appeal.