Summary

35364

Her Majesty the Queen v. John Melville Steele

(Manitoba) (Criminal) (By Leave)

Keywords

Criminal law - Sentencing.

Summary

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Criminal law - Sentencing - Robbery - Crown brought an application for remand for assessment of the Respondent pursuant to s. 752.1(1) of the Criminal Code - Assessment, if granted, would have formed the basis of an application to declare the Respondent a dangerous or long-term offender - Crown’s application denied - Did the Manitoba Court of Appeal err in concluding that the Respondent’s offence was not a “serious personal injury offence” under Criminal Code s. 752 because it did not “involv[e] the use or attempted use of violence”.

The Respondent was convicted of robbery, disguise with intent and failing to comply with probation orders. The Crown gave notice of an intention to apply for remand for an assessment report pursuant to s. 752.1(1) of the Code. The assessment, if granted, would have formed the basis of an application to declare the Respondent a dangerous or long-term offender. The trial judge concluded that, at most, there was an “implied threat of violence”, rather than “the use or attempted use of violence” found in the definition of a serious personal injury offence in s. 752. The Crown’s application for remand for an assessment was denied. The Court of Appeal dismissed the appeal.