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

Crown asked8 years in custody1
Judge imposedSeven and a half years' imprisonment (90 months), less 29 months' credit for pre-sentence custody (61 months remaining)1
185 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed7 years and 6 months in custody
Defence asked12 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 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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. S.N.H., 2021 BCSC 2068 Court decision, Courts of British Columbia

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