Manslaughter with a firearm
R. v. O.D.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
Crown asked8 years in custody1
Judge imposedSix and a half years in custody, less 954 days' credit for 634 days of pre-sentence custody1
550 days less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed79 months in custody
Defence asked6 years in custody
Minimum4 years
The offender pleaded guilty to manslaughter for shooting and killing a man in Chilliwack in October 2019, in a dispute that began with a theft from the victim's vehicle. The Crown sought eight to nine years; the defence sought six years. Justice Ross imposed six and a half years, less 954 days of credit for pre-sentence custody, placing the offence in the mid-range of culpability and giving weight to the offender's genuine remorse and guilty plea.
In the judge's words
1On that basis, I find that the offence falls in the mid‑range on the spectrum of near accident to near murder.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- 15 prior convictions1
- At the time of the offence
- On bail1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: H.B. Waldock
Defence: S.R.A. Buck, K.C. and A. Dorin
Sources
- R. v. O.D.C., 2022 BCSC 2451 Court decision, CanLII, November 29, 2022
[67] … the Crown submits that the appropriate sentence would be in the range of eight to nine years of incarceration plus other ancillary orders.
The defence submits that the appropriate sentence is six years of incarceration.
[113] The Crown submits that the following factors are aggravating in this case: … He committed the crime while on community supervision, being on release from his arrest for robbery, and he was bound by a prior probation order. … [115] I accept the Crown's submission with respect to aggravating factors.
[99] As noted, the record was tendered in evidence. At the time of this offence, he had 15 prior convictions.
[112] … On that basis, I find that the offence falls in the mid‑range on the spectrum of near accident to near murder.
[154] … I find that a sentence of six and a half years is appropriate in the circumstances. … [155] I am informed that … is entitled to credit for time served. … he has served 634 days prior to today's sentencing, which is credited at the amount of 954 days.
- R. v. O.D.C., 2022 BCSC 2451 Court decision, Courts of British Columbia