R. v. Traverse (A.), (1998) 129 Man.R.(2d) 138 (CA)

• Judge: Scott, C.J.M., Philp and Helper, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: May 19, 1998
• Jurisdiction: Manitoba
• Citations: (1998), 129 Man.R.(2d) 138 (CA)

R. v. Traverse (A.) (1998), 129 Man.R.(2d) 138 (CA);

      180 W.A.C. 138

MLB headnote and full text

Temp. Cite: [1998] Man.R.(2d) TBEd. JN.016

Her Majesty the Queen (respondent) v. Alphonse Traverse (accused/appellant)

(AR 98-30-03617)

Indexed As: R. v. Traverse (A.)

Manitoba Court of Appeal

Scott, C.J.M., Philp and Helper, JJ.A.

May 19, 1998.

Summary:

The accused was sentenced to seven years' incarceration for manslaughter. The sentenc­ing judge also ordered the accused to serve half his sentence prior to being eligible for parole (Criminal Code, s. 743.6). The accused appealed the order respecting parole.

The Manitoba Court of Appeal allowed the appeal, set aside the order and confirmed the sentence in all other respects.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - The accused was sentenced to seven years' incarceration for man­slaughter - The sen­tencing judge also ordered the accused to serve half his sen­tence prior to being eli­gible for parole (Criminal Code, s. 743.6) - The accused appealed the order respecting parole - The Manitoba Court of Appeal allowed the appeal for three rea­sons - The sentencing judge failed to clear­ly enunciate the reasons for increasing the period of parole ineligibility - The Crown had not asked for the imposition of such a sentence - The accused had no opportunity to make any submissions on the issue or to address it - See paragraphs 1 to 5.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - The accused and another inflicted a vicious beating on the victim, leading to the victim's death - The accused was charged with manslaughter as a youth (almost 18) and transferred to adult court -He pled guilty, was sentenced to seven years' incar­ceration and ordered to serve half his sentence prior to being eligible for parole (Criminal Code, s. 743.6) - The accused appealed the order respecting parole - The Manitoba Court of Appeal stated there was no indication that his first exposure to the adult system would not have a substantial impact upon him - The potential for reha­bilitation for this accused, absent evidence to the contrary, was an issue best left to the parole authorities - This was not an appropriate case for the making of the order - See paragraph 13.

Criminal Law - Topic 5882

Sentence - Manslaughter - [See second Criminal Law - Topic 5670 ].

Criminal Law - Topic 6203

Sentence - Appeals - Variation of sentence - Grounds for varying sentence imposed by trial judge - [See first Criminal Law - Topic 5670 ].

Cases Noticed:

R. v. Chiasson (J.L.) (1995), 168 N.B.R.(2d) 182; 430 A.P.R. 182; 102 C.C.C.(3d) 564 (C.A.), dist. [para. 7].

R. v. Dankyi (E.) (1993), 59 Q.A.C. 118; 86 C.C.C.(3d) 368 (C.A.), refd to. [para. 10].

R. v. Goulet (J.) (1995), 79 O.A.C. 233; 97 C.C.C.(3d) 61 (C.A.), refd to. [para. 11].

Counsel:

S.B. Simmonds, for the appellant;

G.A. Lawlor, for the respondent.

This appeal heard on May 19, 1998 before Scott, C.J.M., Philp and Helper, JJ.A., of the Manitoba Court of Appeal. The decision of the court was pronounced on May 19, 1998 and Helper, J.A., delivered the following written reasons for the court on May 29, 1998.