Manslaughter
R. v. Maulen
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Luis Alberto Maulen was charged with second degree murder and found guilty by a jury of manslaughter for fatally stabbing a man during a street fight in Vancouver's Downtown Eastside. The Crown sought four to five years in prison; the defence sought a suspended sentence. Justice Crossin imposed 20 months and six days in prison, less 66 days of pre-trial credit, finding that he had used excessive force while defending himself against an unprovoked attack by a much larger man and that his moral blameworthiness was at the low end.
In the judge's words
1That said, in my view, the level of moral turpitude or blameworthiness concerning this matter is at the low end. I conclude this was a case of the use of unreasonable force in the course of Mr. Maulen defending himself against the unprovoked attack by a much larger man.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Suspended sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: B. MacFarlane
Defence: P. McMurray
Sources
- R. v. Maulen, 2022 BCSC 468 Court decision, CanLII, March 11, 2022
[69] Mr. MacFarlane, on behalf of the Crown, with his usual candour concedes there are certain mitigating factors that justify a sentence in the lower range of sentences and seeks a sentence of four to five years incarceration.
[70] Mr. McMurray in his very able submissions takes the view that not only do the circumstances support a finding outside the range; but says on the whole of the evidence a suspended sentence is a fit and proper sentence.
[1] The accused was charged with the second-degree murder of … Mr. Maulen was found not guilty of murder, but guilty of manslaughter by a jury of his peers on December 2, 2021.
[72] That said, in my view, the level of moral turpitude or blameworthiness concerning this matter is at the low end. I conclude this was a case of the use of unreasonable force in the course of Mr. Maulen defending himself against the unprovoked attack by a much larger man.
[84] I sentence you to 20 months plus six days imprisonment. I will take into account credited time of 66 days in pre-trial custody. The net sentence I impose is 18 months imprisonment.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Maulen, 2022 BCSC 468 Court decision, Courts of British Columbia