R. v. T.A.G., (1996) 110 Man.R.(2d) 17 (CA)

• Judge: Lyon, Helper and Kroft, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: February 12, 1996
• Jurisdiction: Manitoba
• Citations: (1996), 110 Man.R.(2d) 17 (CA)

R. v. T.A.G. (1996), 110 Man.R.(2d) 17 (CA);

    118 W.A.C. 17

MLB headnote and full text

Her Majesty The Queen (respondent) v. T.A.G. (accused/appellant)

(Suit No. AY 95-30-02518)

Indexed As: R. v. T.A.G.

Manitoba Court of Appeal

Lyon, Helper and Kroft, JJ.A.

February 12, 1996.

Summary:

A youth was convicted of aggravated sexual assault and sentenced to six months' secure custody followed by 12 months' open custody and six months' supervised probation with conditions. He appealed his sentence.

The Manitoba Court of Appeal allowed the appeal in part.

Criminal Law - Topic 8806

Young offenders - Decisions (incl. pun­ishments) - Sentencing - Considerations - A youth, convicted of aggravated assault, was sentenced to six months' secure cus­tody, followed by 12 months' open custody and six months' supervised probation on terms - The youth inserted a wooden stick in the 15 year old victim's vagina then had forced intercourse with her - The victim sustained physical injuries and psychologi­cal trauma - No previous record - Fa­vourable presentence report - Settled home and supportive family - The Mani­toba Court of Appeal, balancing rehabilita­tion with deterrence, adjusted the sentence, where his chances of reform were better the sooner he could resume his high school education - The court converted the re­maining two months of secure custody into open custody, confirmed the further 12 months' open custody and increased super­vised probation to one year.

Cases Noticed:

R. v. J.J.M., [1993] 2 S.C.R. 421; 152 N.R. 274; 85 Man.R.(2d) 161; 41 W.A.C. 161; 81 C.C.C.(3d) 487, refd to. [para. 4].

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 24(1) [para. 4].

Counsel:

S.E. Pinx, Q.C., for the appellant;

V.L. Jackson, for the respondent.

This appeal was heard on February 12, 1996, before Lyon, Helper and Kroft, JJ.A., of the Manitoba Court of Appeal. On Febru­ary 12, 1996, Lyon, J.A., delivered the following judgment for the court.