Manslaughter with a firearm

R. v. Evans

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked4 years in custody1
Judge imposed30 months imprisonment; lifetime s. 109 firearms prohibition, DNA, forfeiture1
560 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed30 months in custody
Defence asked2 years less a day conditional sentence
Minimum4 years struck down
For manslaughter with a firearm (CC 236(a)), the Criminal Code currently allows up to life imprisonment, with a mandatory minimum of 4 years that courts have struck down as unconstitutional. Life is drawn at 25 years for scale. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Evans, 2022 BCSC 1015 Court decision, Courts of British Columbia

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