Manslaughter, Abandoning a child
R. v. Isadore
Sentence and the Crown's position
What the law allows
Dwight Austin Isadore pleaded guilty to manslaughter for beating his intimate partner to death in Waycobah First Nation in October 2018, and to abandoning their seven-month-old twin daughters, whom he left alone with her body. The Crown and defence jointly recommended 15 years for the manslaughter and three years consecutive for the abandonment. Associate Chief Justice Duncan accepted the joint recommendation and imposed 18 years' imprisonment, less 1,374 days' credit for remand, finding the manslaughter at the high end of the spectrum of moral blameworthiness.
In the judge's words
1These principles, being general deterrence and denunciation, dominate the decision making in a case like this. A serious crime of violence can only result in a lengthy period of imprisonment. The sentence that has been proposed does adequately address general deterrence and denunciation.
The record
- Convicted of
- Manslaughter (CC 236)
- Abandoning a child (CC 218)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 18 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Glenn F. Gouthro and Peter J. Harrison
Defence: Wayne J. MacMillan
Sources
- R. v. Isadore, 2022 NSSC 209 Court decision, CanLII, July 6, 2022
[63] The prosecution and the defence have made a joint recommendation that the sentence of the court be 15 years' imprisonment for the manslaughter and three years' consecutive for the abandonment charge.
[63] The prosecution and the defence have made a joint recommendation that the sentence of the court be 15 years' imprisonment for the manslaughter and three years' consecutive for the abandonment charge.
[1] … That offence carries a maximum sentence of life imprisonment. There is no minimum sentence for that offence.
[1] Mr. Isadore is before me having entered a plea of guilty to the charge that he unlawfully caused the death of … and in doing so committed manslaughter contrary to s. 236(b) of the Criminal Code.
[50] These principles, being general deterrence and denunciation, dominate the decision making in a case like this. A serious crime of violence can only result in a lengthy period of imprisonment. The sentence that has been proposed does adequately address general deterrence and denunciation.
[78] In relation to the offence of manslaughter causing the death of … contrary to s. 236(b) of the Criminal Code, you are sentenced to 15 years' imprisonment. [79] In relation to the offence of abandoning … who were under 10 years of age and thus endangering their lives, contrary to s. 218 of the Criminal Code, you are sentenced to three years' imprisonment, consecutive to the first charge. … [80] Mr. Isadore was remanded into custody in relation to each of these charges for a period of 916 days. Enhanced credit is set at 1.5 days for each day served on remand. Therefore, credit for remand time is set at 1,374 days to be applied against the sentence imposed.
- R. v. Isadore, 2022 NSSC 209 Court decision, Courts of Nova Scotia