Manslaughter

R. v. Wolfe

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposed7 years imprisonment, less 1,364 days enhanced remand credit and 100 days COVID credit (1,091 days going forward)1

What the law allows

MaximumLife imprisonment
Crown asked7 years in custody
Judge imposed7 years in custody
Defence asked7 years in custody
For manslaughter (CC 236), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Dana Matthew Wolfe pleaded guilty to manslaughter after, while intoxicated and angry, he drove a car sharply toward a man walking on an icy road near Head of Jeddore, striking and killing him. Crown and defence jointly recommended seven years in prison. Justice Bodurtha accepted the joint recommendation and imposed seven years, less 1,364 days of enhanced remand credit and 100 days of additional credit for harsher pandemic remand conditions, leaving 1,091 days to serve.

In the judge's words

Both Crown and Defence agree that this is a true joint recommendation that involved negotiations back and forth between the parties up to the 11th hour. The sentence of seven (7) years in custody falls within the range of sentences for this crime. It is a fit and proper sentence that is not contrary to the public interest and I see no reason to deviate from it.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
7 years in custody1
Appeal
Not yet checked
Counsel
Crown: Eric Taylor, Janine Kidd
Defence: Malcolm Jeffcock, Q.C.

Sources

  1. R. v. Wolfe, 2022 NSSC 245 Court decision, CanLII, August 24, 2022The Crown and Defence jointly recommend that Wolfe be sentenced to seven (7) years in prison less the appropriate credit for remand and ancillary orders.The Crown and Defence jointly recommend that Wolfe be sentenced to seven (7) years in prison less the appropriate credit for remand and ancillary orders.[4] Dana Matthew Wolfe has pleaded guilty to the offence of manslaughter contrary to section 236(b) of the Criminal Code[23] Both Crown and Defence agree that this is a true joint recommendation that involved negotiations back and forth between the parties up to the 11th hour. The sentence of seven (7) years in custody falls within the range of sentences for this crime. It is a fit and proper sentence that is not contrary to the public interest and I see no reason to deviate from it.7 years in custody equal to 2,555 days (365 x 7) without regard to leap years less remand time calculated as follows:…Total Time in Custody going forward is 2,555 days – 1,364 days enhanced remand credit – 100 days Covid remand credit = 1,091
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Wolfe, 2022 NSSC 245 Court decision, Courts of Nova Scotia

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