R. v. Gilpin

Sources

1. R. v. Gilpin, 2022 BCSC 658 Court decision, CanLII, March 8, 2022[47] The Crown submits that a fit sentence in the circumstances is nine years' imprisonment less credit for time spent in pre-sentence custody.[48] Defence counsel relied on the following case authorities in support of his submission that the range of sentence in the circumstances of this case is between three and five years' imprisonment, and that a fit sentence is four years[44] … The mandatory minimum term of four years' imprisonment for manslaughter with a firearm was recently struck down by this court in the case of R. v. Penner, 2022 BCSC 175, and thus for the purposes of this sentencing hearing, there is no mandatory minimum term of imprisonment.[1] … His stepson, Kyle Tyler Gilpin, was charged with his second degree murder[42] … At the time of the offence, Mr. Gilpin had no prior criminal record or any outstanding charges.[67] However, as was the case in R. v. Johnny, which was also a case of near murder, Mr. Gilpin was young and intoxicated. He had no criminal record, had not previously been a violent person, and has taken positive steps to address his alcoholism.[69] So Mr. Gilpin, for the offence of manslaughter contrary to s. 236 of the Criminal Code, I sentence you to six and a half years' imprisonment. You have been in custody on this charge for 765 days. You will be credited with 1148 days of presentence custody at a rate of 1.5 to one
2. R. v. Gilpin, 2022 BCSC 658 Court decision, Courts of British Columbia