R. v. T.D.K., 2015 MBQB 119
Judge | Suche, J. |
Court | Court of Queen's Bench of Manitoba (Canada) |
Case Date | July 10, 2015 |
Jurisdiction | Manitoba |
Citations | 2015 MBQB 119;(2015), 318 Man.R.(2d) 290 (QB) |
R. v. T.D.K. (2015), 318 Man.R.(2d) 290 (QB)
MLB headnote and full text
Temp. Cite: [2015] Man.R.(2d) TBEd. JL.023
Her Majesty The Queen v. T.D.K. (young person)
(YO 13-01-32855; 2015 MBQB 119)
Indexed As: R. v. T.D.K.
Manitoba Court of Queen's Bench
Winnipeg Centre
Suche, J.
July 10, 2015.
Summary:
The 17 year old accused was found guilty of manslaughter and criminal negligence causing bodily harm. The Crown applied to have the accused sentenced as an adult.
The Manitoba Court of Queen's Bench dismissed the application. The accused was sentenced to a three year custody and supervision order for manslaughter, and a concurrent one year custody and supervision order for criminal negligence causing bodily harm. The court also imposed a 10 year weapons prohibition and a 10 year driving prohibition.
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 5834.7
Sentencing - Considerations on imposing sentence - Mental illness or disorder - [See Criminal Law - Topic 8817.3 ].
Criminal Law - Topic 5846.1
Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 8817.3 ].
Criminal Law - Topic 5863.1
Sentence - Criminal negligence causing death or bodily harm - [See Criminal Law - Topic 8817.3 ].
Criminal Law - Topic 5882
Sentence - Manslaughter - [See Criminal Law - Topic 8817.3 ].
Criminal Law - Topic 8802
Young offender - Decisions (incl. punishments) - Credit for time served - [See Criminal Law - Topic 8817.3 ].
Criminal Law - Topic 8817.3
Young offenders - Decisions (incl. punishments) - Custody and supervision order - A violent fight involving several people occurred outside a house where the 17 year old accused had been socializing - The accused became frightened and attempted to drive away in a van - She attempted to get around a car that had stalled on the street by driving onto the sidewalk - As she accelerated to get over the curb, she struck two people who were on the sidewalk, killing one and injuring the other - A jury found the accused guilty of manslaughter and criminal negligence causing bodily harm - The Manitoba Court of Queen's Bench dismissed the Crown's application to have the accused sentenced as an adult - The Crown failed to demonstrate that a youth sentence would be insufficient to hold the accused accountable - She was Aboriginal and had suffered all forms of abuse which had an impact on her significant mental health issues - Since the accused was taken into custody four years ago, she had received treatment and her behaviour had improved - While her four years of pre-sentence custody was taken into account, the court gave no credit for it in terms of the sentence itself, in order to give the accused the benefit of a youth sentence - The accused was sentenced to a three year custody and supervision order for manslaughter, and a concurrent one year custody and supervision order for criminal negligence causing bodily harm - The court also imposed a 10 year weapons prohibition and a 10 year driving prohibition.
Criminal Law - Topic 8817.8
Young offenders - Decisions (incl. punishments) - Adult sentence - [See Criminal Law - Topic 8817.3 ].
Cases Noticed:
R. v. A.O. et al. (2007), 222 O.A.C. 38; 84 O.R.(3d) 561; 2007 ONCA 144, refd to. [para. 5].
R. v. C.A.M., [1996] 1 S.C.R. 500; 194 N.R. 321; 73 B.C.A.C. 81; 120 W.A.C. 81, refd to. [para. 5].
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. 22].
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. 22].
R. v. Fice (L.), [2005] 1 S.C.R. 742; 333 N.R. 243; 198 O.A.C. 146; 2005 SCC 32, refd to. [para. 29].
R. v. T.B. (2006), 207 O.A.C. 255; 78 O.R.(3d) 721 (C.A.), refd to. [para. 29].
R. v. B.K.S., [2008] Man.R.(2d) Uned. 79; 2008 MBQB 236, refd to. [para. 29].
R. v. Mathieu (P.), [2008] 1 S.C.R. 723; 373 N.R. 370; 2008 SCC 21, refd to. [para. 31].
R. v. D.W., [2008] O.A.C. Uned. 179; 2008 ONCA 268, refd to. [para. 31].
R. v. N.W.P. (2008), 231 Man.R.(2d) 61; 437 W.A.C. 61; 2008 MBCA 101, appld. [para. 31].
R. v. D.D.T. (2010), 493 A.R. 167; 502 W.A.C. 167; 265 C.C.C.(3d) 49; 2010 ABCA 365, leave to appeal refused (2011), 424 N.R. 396 (S.C.C.), refd to. [para. 32].
R. v. A.A., [2011] A.R. Uned. 664; 2011 ABQB 598, refd to. [para. 34].
R. v. Pratt (D.D.) (2007), 239 B.C.A.C. 161; 396 W.A.C. 161; 218 C.C.C.(3d) 298; 2007 BCCA 206, dist. [para. 35].
R. v. Jiwa (N.) (2012), 295 O.A.C. 180; 2012 ONCA 532, dist. [para. 39].
R. v. I.R.N. (2010), 253 Man.R.(2d) 284; 2010 MBQB 137 affd. (2011), 262 Man.R.(2d) 267; 507 W.A.C. 267; 275 C.C.C.(3d) 319; 2011 MBCA 31, refd to. [paras. 41, 42].
Statutes Noticed:
Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 38(3)(d) [para. 29].
Counsel:
Susan D. Baragar, for the Crown;
Crystal Antila and Joshua Rogala, for the young person.
This matter was heard before Suche, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on July 10, 2015.
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