Manslaughter
R. v. S.N.H.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
The offender was convicted after trial of manslaughter for stabbing a man several times in a Downtown Eastside alley in Vancouver in November 2019, after another man had punched the victim to the ground; he was acquitted of second degree murder. The Crown sought 8 to 9 years' imprisonment and the defence 12 to 24 months. Justice Crossin imposed seven and a half years, less 29 months' credit for pre-sentence custody, finding that deterrence and denunciation were the primary considerations and that the offender's moral blameworthiness was significant.
In the judge's words
1A decision to bring a knife to a verbal dispute, and then choose to use it in these circumstances, must have punitive consequences. The sentence must reflect the gravity of his conduct.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 12 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D. L. Mulligan and E. Porter
Defence: T.J. Russell
Sources
- R. v. S.N.H., 2021 BCSC 2068 Court decision, CanLII, September 17, 2021
[41] … The Crown says, taking into account all the circumstances, a fit and proper sentence is 8 to 9 years imprisonment, less credit for time served in pretrial custody.
[42] Mr. Russell, submits in all the circumstances a period of incarceration of twelve to twenty four months is the appropriate sentence, citing certain factors I will address in due course.
5. … at the time of this offence, was on probation and ordered that he must keep the peace and be of good behaviour.
[51] … A decision to bring a knife to a verbal dispute, and then choose to use it in these circumstances, must have punitive consequences. The sentence must reflect the gravity of his conduct.
[62] … please stand. For the offence of manslaughter against … I sentence you to seven and a half years in prison, which is 90 months. You have been in custody awaiting trial and counsel agree that pursuant to section 719 (3.1) of the Criminal Code I should assign you pre-sentence credit of 29 months. [63] Once this credit is taken into account it means you have 61 months remaining to serve on your term of imprisonment.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. S.N.H., 2021 BCSC 2068 Court decision, Courts of British Columbia