Manslaughter, Indignity to human remains

R. v. T.A.L.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown asked11 years and 6 months in custody1
Judge imposed8 years for manslaughter plus 3.5 years consecutive for indignity to a body (11.5 years), less 3 years and 6 days credit1

What the law allows

MaximumLife imprisonment
Crown asked11 years and 6 months in custody
Judge imposed11 years and 6 months in custody
Defence asked11 years and 6 months in custody
For manslaughter (CC 236), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

The offender pleaded guilty to manslaughter and to offering indignity to a dead human body for killing his pregnant partner and concealing her body, a death that went unproven for 19 years. Crown and defence made a joint submission of eight years for manslaughter and three and a half years consecutive for the indignity offence. Justice Brown accepted the joint submission, citing the benefits of a guilty plea and an agreed sentence, and deducted three years and six days of pre-sentence custody from the second count.

In the judge's words

As the Supreme Court of Canada has said in R. v. Anthony-Cook, 2016 SCC 43, there are real benefits that are provided to society and to those who are affected by these sorts of crimes when a guilty plea is entered and when there is an agreed sentence that is fixed. It provides not only efficiency with respect to the judicial system, it provides closure for everyone who is involved, and it provides a result that may not have been achieved if this matter went to trial.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On probation1
Defence asked for
11 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: N. Wiberg
Defence: T.D. Anderson, A. Lagemaat

Sources

  1. R. v. T.A.L., 2021 BCSC 1910 Court decision, CanLII, September 7, 2021[5] … So I am satisfied that it is appropriate in the circumstance that I accept the joint submission with respect to sentence. … [14] CNSL N. WIBERG: Three years and six days, that that three years and six days be removed from the 11-and-a-half years.[5] … So I am satisfied that it is appropriate in the circumstance that I accept the joint submission with respect to sentence. … [14] CNSL N. WIBERG: Three years and six days, that that three years and six days be removed from the 11-and-a-half years.[2] There are a number of aggravating factors which the Crown and defence have alluded to. The first is that … and … were in a trust relationship and that she was pregnant; the second is that … was on probation at the time[5] As the Supreme Court of Canada has said in R. v. Anthony-Cook, 2016 SCC 43, there are real benefits that are provided to society and to those who are affected by these sorts of crimes when a guilty plea is entered and when there is an agreed sentence that is fixed. It provides not only efficiency with respect to the judicial system, it provides closure for everyone who is involved, and it provides a result that may not have been achieved if this matter went to trial.[18] With respect to Count 1, that is the manslaughter count, I am sentencing … to eight years. With respect to Count 2, that is improperly or indecently interfering with or offering indignity to a dead human body, I am sentencing him to three-and-a-half years. The time served, which is three years and six days, will be deducted from three-and-a-half years … [10] THE COURT: Yes, they are consecutive.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. T.A.L., 2021 BCSC 1910 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.