R. v. T.J.O., (2015) 320 Man.R.(2d) 258 (QB)

• Judge: Martin, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: August 28, 2015
• Jurisdiction: Manitoba
• Citations: (2015), 320 Man.R.(2d) 258 (QB);2015 MBQB 143

R. v. T.J.O. (2015), 320 Man.R.(2d) 258 (QB)

MLB headnote and full text

Temp. Cite: [2015] Man.R.(2d) TBEd. SE.013

Her Majesty The Queen v. T.J.O. (accused)

(CR 15-01-34115; CR 14-01-34037; 2015 MBQB 143)

Indexed As: R. v. T.J.O.

Manitoba Court of Queen's Bench

Winnipeg Centre

Martin, J.

August 28, 2015.

Summary:

The accused pleaded guilty to one count of sexual assault causing bodily harm for an initial assault on his stepdaughter, one count of repeatedly sexually assaulting the stepdaughter over the following 26 months, two counts of aggravated assault against the stepdaughter's friend and the friend's mother, and one count of break and enter with intent to commit an indictable offence.

The Manitoba Court of Queen's Bench sentenced the accused to a total of 16 years' imprisonment, less credit of 53 months for time already served. The court also imposed a lifetime weapons prohibition, a DNA order, $200 in victim surcharges, a non-communication order, and a five year prohibition respecting contact with children.

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 5798.1

Punishments (sentence) - Prohibition orders - Respecting contact with children - The accused repeatedly sexually assaulted his stepdaughter when she was between 11 and 13 years old - He also broke into the home of his stepdaughter's friend, intending to sexually assault her - The accused was sentenced to a total of 16 years' imprisonment for one count of sexual assault causing bodily harm for the first assault on his stepdaughter, one count of repeatedly sexually assaulting the stepdaughter over the following years, two counts of aggravated assault against the friend and her mother, and one count of break and enter with intent to commit an indictable offence - The Crown requested a lifetime prohibition order respecting contact with children (Criminal Code, s. 161) - The accused argued against this, citing the nature of his past employment (oil industry), that none of his crimes were of the "parks and playgrounds" type, and that his release was sufficiently far away that it was unnecessary - The Manitoba Court of Queen's Bench stated that it had some sympathy for the accused's position, but was also mindful of the victims' ages and the nature of the crimes - On balance, the court made a five year order under ss. 161(1)(a) and (b) - See paragraph 43.

Criminal Law - Topic 5831.1

Sentencing - Considerations on imposing sentence - Offences involving breach of trust - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5848.9

Sentencing - Considerations on imposing sentence - Sexual offences against children - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5851

Sentence - Break and enter - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5932

Sentence - Sexual assault - The accused had sole custody of his stepdaughter and anally raped her when she was around 11 years old - Over the next 26 months (until September 2012), the accused sexually assaulted the stepdaughter anally and vaginally, as often as five to six times per week - The accused impregnated the stepdaughter twice and arranged for abortions on both occasions - In September 2012, the accused broke into the home of his stepdaughter's friend, intending to sexually assault the friend - The friend and her mother fought off the accused as he brutally beat them with a metal pry bar - The accused pleaded guilty to one count of sexual assault causing bodily harm for the first assault on his stepdaughter, one count of repeatedly sexually assaulting the stepdaughter over the following years, two counts of aggravated assault against the friend and her mother, and one count of break and enter with intent to commit an indictable offence - The Manitoba Court of Queen's Bench sentenced the accused to eight years' imprisonment for each sexual assault (concurrent), eight years for break and enter (consecutive), and four years for each aggravated assault (consecutive to each other but concurrent to the sentence for break and enter) - The total sentence of 16 years was required in order to provide meaningful rehabilitation and protection of the public - Although the accused was remorseful, the offences were shockingly cruel and calculated.

Criminal Law - Topic 5933

Sentence - Sexual assault with weapon, threats to third party or causing bodily harm - [See Criminal Law - Topic 5932 ].

Criminal Law - Topic 5938

Sentence - Aggravated assault - [See Criminal Law - Topic 5932 ].

Cases Noticed:

R. v. J.R.A. (2012), 280 Man.R.(2d) 123; 548 W.A.C. 123; 2012 MBCA 48, refd to. [para. 23].

R. v. D.M. (2012), 294 O.A.C. 71; 111 O.R.(3d) 721; 2012 ONCA 520, refd to. [para. 24].

R. v. D.D. (2002), 157 O.A.C. 323; 58 O.R.(3d) 788 (C.A.), refd to. [para. 24].

R. v. McCowan (K.J.) (2010), 251 Man.R.(2d) 295; 478 W.A.C. 295; 2010 MBCA 45, refd to. [para. 26].

R. v. Pakoo (K.G.), [2004] 9 W.W.R. 414; 190 Man.R.(2d) 133; 335 W.A.C. 133; 2004 MBCA 157, refd to. [para. 26].

R. v. Anderson (T.) (2015), 315 Man.R.(2d) 301; 630 W.A.C. 301; 2015 MBCA 30, refd to. [para. 27].

R. v. Gladue (J.T.) (1999), 238 N.R. 1; 121 B.C.A.C. 161; 198 W.A.C. 161, refd to. [para. 35].

R. v. Ipeelee (M.) (2012), 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. 35].

Counsel:

Daniel Chaput, for the Crown;

Ursula Goeres, for the accused.

This matter was heard before Martin, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment on August 28, 2015.