R. v. Woodford (S.E.J.), 2016 MBQB 72

• Judge: Greenberg, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: April 15, 2016
• Jurisdiction: Manitoba
• Citations: 2016 MBQB 72;(2016), 327 Man.R.(2d) 146 (QB)

R. v. Woodford (S.E.J.) (2016), 327 Man.R.(2d) 146 (QB)

MLB headnote and full text

Temp. Cite: [2016] Man.R.(2d) TBEd. MY.010

Her Majesty The Queen v. Shayla Elyshia June Woodford (accused)

(CR 14-01-33521; 2016 MBQB 72)

Indexed As: R. v. Woodford (S.E.J.)

Manitoba Court of Queen's Bench

Winnipeg Centre

Greenberg, J.

April 15, 2016.

Summary:

The Manitoba Court of Queen's Bench, in a decision reported at (2016), 325 Man.R.(2d) 73, convicted Woodford of manslaughter (stabbed and killed her common law partner) and assault with a weapon (stabbed her partner's sister). The Crown sought a global sentence of 10 to 12 years' imprisonment.

The Manitoba Court of Queen's Bench imposed a total global sentence of nine years' imprisonment.

Criminal Law - Topic 5804

Sentencing - General - Consecutive sentences - Reduced total term (totality principle) - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5807

Sentencing - General - Imposing sentences respecting multiple convictions - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5831.9

Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5832

Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5841

Sentencing - Considerations on imposing sentence - Age of accused - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5846.1

Sentencing - Considerations on imposing sentence - Aboriginal offenders - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused, a young Aboriginal female, was convicted of manslaughter (stabbed and killed her common law partner) and assault with a weapon (stabbed her partner's sister) - The Crown sought a global sentence of 10 to 12 years - The Manitoba Court of Queen's Bench imposed a total global sentence of nine years' imprisonment: eight years for manslaughter, and one year concurrent for the offence of assault with a weapon - Aggravating factors: the accused's history of assaults on the deceased, repeated breaches of court orders and her disdain for the rehabilitative process - "At the age of 21, she appeared to be incorrigible." - Mitigating factors: expressed remorse and apologized to the deceased's family and her own - The offences were related to alcohol - "While denunciation and deterrence are paramount sentencing principles here, that is not to say that rehabilitation has no role to play" - Very young - While in custody (3.5 years since her arrest) she furthered her education and attended programs to overcome her addictions - Positive reports from institution staff - The stabbings arose out of one very quick event and justified concurrent sentences - However, the fact that there were two victims was an aggravating factor - On the principle of totality, the overall sentence was not unduly harsh.

Criminal Law - Topic 5883

Sentence - Particular offences - Assault with a weapon or assault causing bodily harm - [See Criminal Law - Topic 5882 ].

Criminal Law - Topic 5936

Sentence - Particular offences - Multiple offences - [See Criminal Law - Topic 5882 ].

Counsel:

Daniel P. Chaput and Shannon D. Benevides, for the Crown;

Ian P. McNaught and Hillarie A. Tasche, for the accused.

This sentencing matter was heard before Greenberg, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, who delivered the following judgment and reasons, dated April 15, 2016.