Manslaughter with a firearm

R. v. Bragg

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed7 years' imprisonment, less 14 days' credit (net 2,543 days)1
1093 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed2557 days in custody
Defence asked3 years in custody
Minimum4 years
For manslaughter with a firearm (CC 236(a)), the Criminal Code currently allows up to life imprisonment, with a mandatory minimum of 4 years. Life is drawn at 25 years for scale. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Bragg, 2022 BCSC 1249 Court decision, Courts of British Columbia

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