Manslaughter

R. v. Shevalev

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposedEight years' incarceration, less 792 days' credit for pre-sentence custody and a further six months for stringent bail (net five years and four months)1

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed8 years in custody
Defence asked8 years 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.

Alexander Vladimirovich Shevalev pleaded guilty to manslaughter for applying a chokehold to his 80-year-old father during an argument in the father's Vancouver condominium in March 2015, and leaving without summoning help. Crown and defence jointly proposed eight years' incarceration, reduced for pre-sentence custody and stringent bail. Justice Williams accepted the joint submission and imposed eight years, less 792 days for pre-sentence custody and six months for bail, for a net sentence of five years and four months, accepting that his remorse was genuine and that he had taken meaningful steps toward rehabilitation.

In the judge's words

In all the circumstances, I am satisfied that the sentence which has been proposed by the Crown and the defence jointly is a reasonable one. It accords with the principles and purpose of sentencing. It is consonant with the authorities which I have reviewed.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
8 years in custody1
Appeal
Not yet checked
Counsel
Crown: E. Poll
Defence: R.A. McConchie and H.K. Hundal

Sources

  1. R. v. Shevalev, 2021 BCSC 2050 Court decision, CanLII, September 15, 2021[21] Crown and defence join together in urging upon this Court a joint submission. Specifically, they take the position that a global sentence of eight years' incarceration is appropriate.[21] Crown and defence join together in urging upon this Court a joint submission. Specifically, they take the position that a global sentence of eight years' incarceration is appropriate.[23] … The Criminal Code, R.S.C. 1985, c. C-46, provides no minimum sentence for the offence of manslaughter.[1] THE COURT: Alexander Vladimirovich Shevalev is before this Court today to be sentenced.[9] … He has no criminal record.[32] In all the circumstances, I am satisfied that the sentence which has been proposed by the Crown and the defence jointly is a reasonable one. It accords with the principles and purpose of sentencing. It is consonant with the authorities which I have reviewed.[32] … But for extraordinary considerations, the sentence to be imposed today would be eight years. However, I am going to reduce that sentence in recognition of time spent on stringent bail and time served in custody prior to the imposition of sentence today. … In the final result, the sentence to be imposed today is one of five years and four months' incarceration. … [36] THE COURT: I think you were correct. It should be seven-nine-two.
  2. R. v. Shevalev, 2021 BCSC 2050 Court decision, Courts of British Columbia

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