Manslaughter with a firearm, Indignity to human remains
R. v. Deo
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Harjot Singh Deo pleaded guilty to manslaughter with a firearm and to offering an indignity to a dead body, after an illegally possessed handgun he was carrying discharged and killed his 19-year-old girlfriend in his bedroom in 2017, and he then set fire to the vehicle containing her body. The Crown sought a total of ten years and the defence six years. Justice Watchuk imposed five years for manslaughter and two years consecutive for the indignity offence, a total of seven years less 239 days' credit, giving weight to his guilty pleas, youth and low risk to reoffend while treating the reckless carrying of a loaded illegal firearm as the most aggravating factor.
In the judge's words
1Rehabilitation, one of the objectives of sentencing, is one of the primary sentencing objectives for Mr. Deo as a youthful first offender. It is significant that Dr. Lohrasbe diagnosed Mr. Deo as treatable, and found him sincerely remorseful and committed to living a productive life.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Indignity to human remains (CC 182(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: S. Nahal, K. Boland, F. Nejatali
Defence: R. Fowler, K.C.
Sources
- R. v. Deo, 2022 BCSC 1835 Court decision, CanLII, October 18, 2022
[141] The Crown submits that the fit sentence for Mr. Deo is a total of ten years comprised of six years for manslaughter and four years consecutive for the indignity offence.
[142] On behalf of Mr. Deo, it is submitted that a fit sentence is a global sentence of six years incarceration, with six years for manslaughter and 18 months for the indignity to be served concurrently.
[118] Pursuant to s. 236(a) of the Code, the offence of manslaughter with a firearm is punishable by a minimum sentence of four years imprisonment and a maximum sentence of life in prison. This court, however, has recently held that provision to be unconstitutional: Penner, at para. 186.
[9] Mr. Harjot Singh Deo was born in September 1997.
[58] Mr. Deo was 19 at the time of the offences and has no criminal record.
[155] Rehabilitation, one of the objectives of sentencing, is one of the primary sentencing objectives for Mr. Deo as a youthful first offender. It is significant that Dr. Lohrasbe diagnosed Mr. Deo as treatable, and found him sincerely remorseful and committed to living a productive life.
[158] In crafting the sentence, Mr. Deo will have credit for the 159 days he spent in pre-trial custody at the rate of 1.5 days for every day spent in pre-trial custody, or 239 days credit. … [163] Having determined that the fit sentence will be served consecutively: firstly, with regard to the offence of manslaughter of … you are sentenced to five years incarceration. … [164] To be served consecutively, the sentence for the offence of indignity to a dead human body is two years. … [165] The total sentence is seven years. You will have credit for time served.
- R. v. Deo, 2022 BCSC 1835 Court decision, Courts of British Columbia