Decisions of the Week – Sentencing

We get many requests for decisions on sentencing, particularly where parties are aware of a particular sentence, however, often the decision is not reported. Last month the Provincial Court of Manitoba published several sentencing decisions, some of which are highlighted here.

R. v. Alcantara, 2019 MBPC 67 challenged the constitutionality of the mandatory minimum sentence for the offence of luring.

[1]          …. Counsel agree that the Court should first determine the fit and appropriate range of sentence, given this offender’s personal circumstances and need not examine the constitutional issue if the Court determines that the fit and appropriate sentence is within the range set out by the mandatory minimum. On the other hand, if the Court determines that a one year sentence is grossly disproportionate for Mr. Alcantara, the constitutionality of the sentencing provision is engaged, and the Court must determine if one year in jail amounts to cruel and unusual punishment for Mr. Alcantara.

R. v. Alcantara (Rolston, P.J.)

R. v. Little, 2019 MPBC 60 concerns the appropriateness of a joint sentencing submission. Along with a pre-sentence report, the Court ordered a supplementary Gladue-style appendix for further consideration of the offender’s circumstances.

[45]        … I am therefore, given his youth, his vulnerability and his Gladue and s. 718.2(e) factors (which apply to all offenders), of the view that the jointly proposed sentence should not be confirmed, that something less will be adequate and purposeful in the offender’s unique and most unfortunate circumstances. …

R. v. Little (Corrin, P.J.)

R. v. Goodman, 2019 MBPC 77 describes the difficulty of arriving at an appropriate sentence when the offender, with a diagnosis of Fetal Alcohol Spectrum Disorder commits a serious offence.

[1]            Sentencing is often described as more of an art than a science.  This is because although the Criminal Code sets out sentencing principles, the Court must still balance them in light of the circumstances of the offence and the offender. 

R. v. Goodman (L.M. Martin, P.J.)

All of these decisions offer significant analysis in their reasons and guidance for future sentences. The library also has other resources available for finding sentencing decisions, in print and e-book format. Please don’t hesitate to contact us for help crafting your submissions on sentencing.