Case information

Criminal law — Sentencing — Considerations — Determination of fit sentence for police officer — Whether the majority of the Manitoba Court of Appeal repeated many of the same errors committed by the sentencing judge and this resulted in the substitution of an unfit sentence.

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The respondent, RCMP Cst. Letkeman observed Mr. Campbell’s jeep with the engine revving and tires spinning, and due to the manner of driving he suspected the driver was impaired. The officer followed the jeep to do a traffic stop, but the jeep would not stop despite Cst. Letkeman’s attempts. Cst. Letkeman was convicted of criminal negligence causing bodily harm for twice crashing into the jeep vehicle he was pursuing, during a short vehicle chase. A passenger in the jeep suffered serious injuries from the crashes. The judge imposed a non custodial sentence comprised of a three year probation period, 240 hours of community work, the payment of $10,000 fine, and a 12 month driving prohibition. The majority of the Court of Appeal granted leave to appeal, and allowed the appeal in part. They concluded that that a fit sentence would be 10 months’ imprisonment. The probation order, including the requirement for community service, was set aside; the fine of $10,000 was retained; and a reduced period of incarceration of three months was imposed. The execution of the custodial part of the sentence was stayed. The dissenting justice would have allowed the appeal, and set aside the sentence imposed by the trial judge. Burnett J.A. was of the view that an appropriate sentence would be 36 months’ incarceration, reduced by six months for the community service performed by the respondent; repayment of the fine to Cst. Letkeman; and the probation order should be set aside.