Manslaughter with a firearm
R. v. Bragg
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
A jury acquitted George Murray Bragg of first degree murder but found him guilty of manslaughter for shooting a housemate in South Surrey in September 2019 after the housemate threatened him and his son. The Crown sought 10 years in jail and the defence three years. Justice Blok imposed seven years' imprisonment less 14 days' credit, finding elements of self-defence but not "near self-defence", and giving significant weight to Mr. Bragg's age.
In the judge's words
1But for Mr. Bragg's age, I would have been inclined to impose a sentence towards the higher end of the single‑digit range. Mr. Bragg's age is a significant factor here. The Crown's suggested sentence of 10 years could result in Mr. Bragg spending a substantial portion of his remaining lifespan in jail, even considering eligibility for full parole after one‑third of the sentence.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 3 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D. Simpkin and P. Bhatti
Defence: P. Janzen
Sources
- R. v. Bragg, 2022 BCSC 1249 Court decision, CanLII, July 12, 2022
[4] The Crown submits that a jail sentence of 10 years is appropriate here, arguing that Mr. Bragg's offending falls at the "near murder" end of the manslaughter sentencing spectrum.
[4] … The defence submits that the sentence should be three years, arguing that the incident was one of "near self‑defence".
[2] George Murray Bragg is before the Court for sentencing, a jury having acquitted him on May 7, 2022 of the charged offence of first degree murder, but finding him guilty of manslaughter in the death of …
[37] He has no criminal record.
[104] But for Mr. Bragg's age, I would have been inclined to impose a sentence towards the higher end of the single‑digit range. Mr. Bragg's age is a significant factor here. The Crown's suggested sentence of 10 years could result in Mr. Bragg spending a substantial portion of his remaining lifespan in jail, even considering eligibility for full parole after one‑third of the sentence.
[110] Nine days at the usual rate of one and a half to one gives rise to 14 days' credit, rounded. Seven years' incarceration is 2,557 days, which includes two leap days, less 14 days' credit, brings about a net sentence of 2,543 days. That is the net sentence that I impose in this case.
- R. v. Bragg, 2022 BCSC 1249 Court decision, Courts of British Columbia