Shorting v The Queen

[Indexed as: R. v. Shorting]

Court File No. 25030 Supreme Court of Canada, La Forest J. November 7, 1996.

Jeffrey Harris, for accused, appellant. Gregg Lawlor, for the Crown, respondent.

LA FOREST J.:—This is an application by the appellant, Clarence Maxwell Shorting, for an order pursuant to s. 70 of the Supreme Court Act, R.S.C. 1985, c. S-26, as amended, reversing the judgment of the Court of Appeal for Manitoba dated November 8, 1995. The judgment of the Court of Appeal upheld the sentence imposed on the appellant by Mr. Justice Scollin of the Court of Queen's Bench of Manitoba on June 20, 1995 following the appellant's conviction for manslaughter. Mr. Justice Scollin sentenced the appellant to life imprisonment and ordered that the appellant serve a minimum period of incarceration of ten years prior to his eligibility for parole under the provisions of s. 741.2 of the Criminal Code of Canada, R.S.C. 1985, c. C-46, as amended.

Upon reading the materials filed by the appellant, including the affidavit of Jeffrey F. Harris affirmed the 29th day of October 1996, and the consent of the respondent to an order reversing the decision of the Court of Appeal for Manitoba by deleting the requirement that the appellant serve a minimum period of incarceration of ten years prior to his eligibility for parole;

It is hereby ordered that:

The judgment of the Court of Appeal for Manitoba dated November 8, 1995, is reversed and the sentence of the appellant is varied by deleting the requirement that the appellant serve a minimum period of incarceration of ten years prior to his eligibility for parole.

Application granted.