Manslaughter with a firearm
R. v. Evans
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Roger Wayne Evans was convicted after trial of unlawful act manslaughter for fatally shooting his son while in an advanced state of intoxication, the unlawful act being careless use or handling of a firearm. The Crown sought four years; the defence sought two years less a day served in the community under a conditional sentence order. Justice Tammen found that a range of three to four years would otherwise be fit but departed from it because of powerful Gladue factors, imposing 30 months' imprisonment. The four-year mandatory minimum was not applied because it had been declared of no force and effect in R. v. Penner.
In the judge's words
1Although the Gladue considerations significantly attenuate the moral blameworthiness of Mr. Evans, in my view, a sentence of more than two years is required. Thus, the first prerequisite for the imposition of a conditional sentence is not met.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Ainslie, Q.C.; T. Bauman
Defence: J. LeBlond
Sources
- R. v. Evans, 2022 BCSC 1015 Court decision, CanLII, May 17, 2022
[2] Mr. Evans has also filed an additional constitutional challenge … Crown counsel submits that a fit sentence is four years and thus the first prerequisite for imposition of a conditional sentence, a sentence of less than two years, is not met.
[2] Mr. Evans has also filed an additional constitutional challenge … The accused submits that a fit sentence is a term of imprisonment of two years less a day followed by a period of probation. Such a sentence, says defence counsel, should be served in the community pursuant to a conditional sentence order.
[1] THE COURT: On May 11, 2021, following a trial, I convicted the accused, Roger Wayne Evans, of unlawful act manslaughter. … Counsel are agreed that the four-year mandatory minimum sentence set out in s. 236(a) of the Criminal Code, R.S.C., 1985, c. C-46 does not apply. That concession by the Crown is based on the decision of Justice Schultes in R. v. Penner, 2022 BCSC 175 where he declared the mandatory minimum penalty of no force and effect.
[1] THE COURT: On May 11, 2021, following a trial, I convicted the accused, Roger Wayne Evans, of unlawful act manslaughter.
[24] Although the Gladue considerations significantly attenuate the moral blameworthiness of Mr. Evans, in my view, a sentence of more than two years is required. Thus, the first prerequisite for the imposition of a conditional sentence is not met.
[26] For the offence of manslaughter, I sentence you to a term of imprisonment of 30 months.
- R. v. Evans, 2022 BCSC 1015 Court decision, Courts of British Columbia