Manitoba Justice has decided to challenge the controversial sentencing decisions of the two (2) rogue Court of Queens Bench Judges who recently circumvented the will of Parliament by declaring that mandatory minimum sentences for firearms offences were tantamount to “cruel and unusual punishment.”
In the first case, Justice Colleen Suche ruled the offender, notorious Winnipeg gangster Mario Adamo, was not a “free actor” and had “reduced moral blameworthiness” by virtue of a “mental disability” he suffered in a baseball bat attack that occurred at the Hells Angels Club House in June of 2000.
Adamo had been charged and convicted of possession of a firearm after Police executed a search warrant on his property that netted a firearm, bullet proof vest, ammunition and a “knock off” list of rival gangsters. The conviction for the firearm offence came with a three (3) year mandatory minimum sentence as prescribed by law.
The Crown sought a five (5) year term.
The sentence, six (6) months time served and probation.
In the second case, Justice John Menzies set aside a four (4) year mandatory minimum sentence for Bryce William McMillan (21), a Brandon offender who plead guilty to a charge of intentionally discharging a firearm into a residence after he blasted a total of six (6) shots at a home occupied by three (3) people. Four (4) projectiles penetrated the premise.
According to Menzies, McMillan’s status as a victim of bullying was an aggravating factor that significantly affected his sentencing deliberations.
As a result, Menzies set aside the mandatory minimum four (4) year sentence and opted for a one (1) year period of incarceration followed by a two (2) year period of probation.
(Violent, misogynist posts on McMillan’s Facebook account made after the ruling seem to portray him as anything but a victim.)
After reading the sentencing decisions it becomes clear that Suche & Menzies both see mandatory minimum sentences as affronts to their judicial discretion. They also express a complete lack of faith in our gang infested Federal Prison systems.
Many people alert to this issue suggest these Judges are simply “out-of-order.”
Regardless of the outcome, I applaud Manitoba Justice for being champions for public safety and for challenging the sentencing decisions of Judges who appear to confuse their role in the administration of “Justice” with that of Legislator, Warden, Social Worker and Defenders of the rights of convicted offenders.
Cruel and unusual punishment….I don’t think so.
Let’s hope the Court of Appeal gets it right.
January 28, 2016
The Manitoba Court of Appeal overturned Justice Menzies sentence and substitutes it with a sentence of four (4) years imprisonment.
The Court of Appeal cited a number of reasons why the original sentence was unfit;
- The sentencing Justice failed to give sufficient weight to denunciation and general deterrence
- The sentencing Justice overemphazied bullying as a mitigating factor and underemphasized the accused’s high degree of moral blameworthiness
- The sentencing Justice erred when he equated strict bail conditions to pre-sentence custody and for providing credit for same
Despite the fact the Court of Appeal overturned the sentence, the offender, McMillan, was not re-incarcerated for a number of reasons explained in the decision.
Ultimately, McMillan served a total of ten (10) months for his crime.
(The result of the appeal of the Adamo sentence is not clear.)