Courts Martial

Decision Information

Machtmes R.D. (Master Seaman), R. v.

Collection Courts Martial
Date 2021-05-12
Neutral citation ABATEMENT ORDER
Docket 202035
Judge S.M. Sukstorf
Decision type Decision as Directed by the Judge
Decision status Available
Type of Court Martial General Court Martial
See also See also - Machtmes R.D. (Master Seaman), R. v. - 2021 CM 2002 - 2021-02-15 - Decision as Directed by the Judge
See also - Machtmes R.D. (Master Seaman), R. v. - 2021 CM 2005 - 2021-03-19 - No Prima Facie
See also - Machtmes R.D. (Master Seaman), R. v. - 2021 CM 2006 - 2021-05-17 - Decision as Directed by the Judge
Notes Official Languages
Pursuant to s.20 of the OLA, decisions are issued in the first instance in the language of the trial, and thereafter, at the earliest possible time, in the other official language.
Summary:

Date of commencement of trial: 1 February 2021

Location: Bay Street Armouries, 715 Bay Street, Victoria, BC

Language of the trial: English

Charges:

Charge 1: S. 130 NDA, luring a child (s. 172.1(1)(b) CCC).
Charge 2: S. 130 NDA, invitation to sexual touching (s. 152 CCC).
Charge 3: S. 93 NDA, disgraceful conduct.

Results:

FINDINGS: Charges 1, 2, 3: Guilty.

The Court ordered that the proceedings against Master Sailor Machtmes are abated.

Decision Content

 

COURT MARTIAL

 

Date: 20210512

Docket:  202035

 

General Court Martial

 

Asticou Centre

Gatineau, Quebec, Canada

 

Between: 

 

Her Majesty the Queen

 

- and -

 

Master Sailor R.D. Machtmes, Offender

 

 

Before:  Commander S.M. Sukstorf, M.J.

 

ABATEMENT ORDER

(Orally)

 

WHEREAS on 25 March 2021, a General Court Martial found Master Sailor Machtmes guilty of three offences, being child luring contrary to paragraph 171.1(1)(b) of the Criminal Code, invitation to sexual touching contrary to section 152 of the Criminal Code and disgraceful conduct contrary to section 93 of the National Defence Act.   

 

CONSIDERING that after the finding, but prior to the commencement of the sentencing hearing, Master Sailor Machtmes died;

 

WHEREAS after his death, on 12 May 2021, a hearing was held in order for counsel to provide submissions with respect to finalizing the proceedings;

 

CONSIDERING that there is no longer an offender to receive a sentence, the military judge confirmed that the guilty convictions shall remain on the record, but that a formal court order is required to conclude the proceedings against Master Sailor Machtmes; 

 

IT IS ORDERED that pursuant to the court’s powers under section 179 of the National Defence Act, and relying upon R. v. R.J.C., 2020 NBQB 129, the proceedings against Master Sailor Machtmes are abated. 

 

FURTHER with the abatement of proceedings, the Court confirms that the ban on publication imposed earlier in this matter remains in effect. Any information that could identify the victim or the victim’s family shall not be published in any document or broadcast or transmitted in any way.  

 

DATED this 12th day of May 2021 at Gatineau, Quebec.

 

 

 

 

                                                                                    “S. Sukstorf, Commander”

                                                                                    Presiding Judge

 

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