FASD & the Justice System
MANITOBA
Provincial Court

R. v. Maybee [2002] M.J. No. 539
http://www.canlii.org/mb/cas/mbpc/2002/2002mbpc10043.html

FACTS: Maybee, a 29-year-old Aboriginal person, pleaded guilty to manslaughter. Maybee and the victim had been drinking. During an argument, Maybee slashed the victim's throat with a broken beer bottle. Maybee had prior related offences.

HELD: Maybee received a 10 year custodial sentence, with credit for 18 months of time served. Denunciation and deterrence were the most significant factors for the decision to incarcerate. The presence of FAS was suspected, however there was no diagnosis. Gladue report was given consideration. It stated that there are minimal links between Maybee and the Aboriginal community thus it could not offer insight on potential for change.