Manslaughter
R. v. Wiebe
Sentence and the Crown's position
Crown asked1461 days in custody1
Judge imposedFour years (1,461 days) less 200 days credit for time served; 10-year weapons prohibition1
What the law allows
MaximumLife imprisonment
Crown asked1461 days in custody
Judge imposed1461 days in custody
Defence asked1461 days in custody
Shaun Ross Wiebe pleaded guilty to manslaughter for the 2018 death of his intimate partner in Vernon. The Crown and defence jointly proposed four years less credit for time served. Justice Beames imposed four years (1,461 days), less 200 days of credit, finding the joint submission within the range and noting it gave certainty to a case whose outcome at trial was uncertain.
In the judge's words
1Having said that, the sentence jointly proposed by counsel is one within the range. It does give a certainty of outcome to a case that would otherwise have had a very uncertain outcome. It is not a joint sentence submission that the law entitles me to reject.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 1461 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M. Cissell
Defence: N.C. Jacob
Sources
- R. v. Wiebe, 2023 BCSC 1080 Court decision, CanLII, June 9, 2023
[29] In this case, the Crown and the defence have made a joint submission as to the sentence. They have submitted to the Court that the appropriate sentence for Mr. Wiebe is one of four years less credit for time served.
[29] In this case, the Crown and the defence have made a joint submission as to the sentence. They have submitted to the Court that the appropriate sentence for Mr. Wiebe is one of four years less credit for time served.
[1] THE COURT: Shaun Wiebe is before me today for sentencing.
[22] Mr. Wiebe has pled guilty and by doing so he accepts responsibility for his actions. At the age of 45 he has no criminal record.
[35] Having said that, the sentence jointly proposed by counsel is one within the range. It does give a certainty of outcome to a case that would otherwise have had a very uncertain outcome. It is not a joint sentence submission that the law entitles me to reject.
[36] Mr. Wiebe, please stand up. I impose upon you a sentence of four years, which is 1,461 days. You are entitled to credit for time served of 200 days. Consequently, the sentence of new time, which I impose upon you today, is one of 1,261 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Wiebe, 2023 BCSC 1080 Court decision, Courts of British Columbia