Manslaughter
R. v. Dey
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Solaris Onatta Running Dey was found guilty after trial of manslaughter, as a lesser included offence of second degree murder, in the strangulation death of his intimate partner. The Crown sought 7.5 to 8 years and the defence 5.5 to 6 years before credit for pre-sentence custody. Justice Tammen fixed six years, deducted four years' credit, and imposed two years in a federal penitentiary followed by three years' probation, citing the offender's youth, mental illness and the protection of the public through longer supervision.
In the judge's words
1I have determined that a sentence of imprisonment plus probation totalling five years is the preferred option in the unique circumstances of this case. As noted, were it not for the deduction that must be made for what is called dead time, I would have found that a sentence of closer to seven years better expressed society's denunciation of this crime.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J.P. Hermanson, S. McCartan
Defence: A.J. Bonfield
Sources
- R. v. Dey, 2021 BCSC 1518 Court decision, CanLII, June 25, 2021
Crown counsel says that a fit sentence before making deduction for pretrial custody, is 7.5-8 years.
[23] Defence counsel says that a fit sentence is 5.5 - 6 years, relying primarily on Klassen and G.M.W.
[33] Mr. Dey, please stand. I sentence you to two years' imprisonment to be served in a federal penitentiary.
The accused was 22 years old at the time of the offence and has no criminal record.
[29] I have determined that a sentence of imprisonment plus probation totalling five years is the preferred option in the unique circumstances of this case. As noted, were it not for the deduction that must be made for what is called dead time, I would have found that a sentence of closer to seven years better expressed society's denunciation of this crime.
[24] Both counsel agree that the accused should be given credit for time spent in pretrial custody at 1.5 to one. … Thus, the accused should be credited with four years of pretrial detention and that must be deducted from the sentence I find to be fit. … [27] If I were to sentence at the bottom end of the range I have identified and decide that six years is a fit sentence, with deduction for pretrial custody, the sentence I impose would be two years. … [33] Mr. Dey, please stand. I sentence you to two years' imprisonment to be served in a federal penitentiary. That period of incarceration will be followed by three years' probation on terms that I am about to outline.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Dey, 2021 BCSC 1518 Court decision, Courts of British Columbia