Manslaughter with a firearm, Robbery, Using an imitation firearm in the commission of an offence
R. v. A.R.K.K.
A publication ban applies. The offender is not named.
- On release at the time
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to manslaughter with a firearm, and to robbery and using an imitation firearm while committing a robbery at a poker game in a Burnaby home two months earlier; he was on probation at the time. The Crown sought a global sentence of 11 to 13 years after totality; the defence sought eight years. Justice MacNaughton imposed nine years for manslaughter and a consecutive five years for the robbery offences, reduced to 12 years for totality, less 1,061 days' credit, citing his relative youth, limited record, difficult background as a refugee and harsh pandemic custody conditions.
In the judge's words
1[130] The offences you committed are grave and demonstrated reckless and careless attitudes toward your victims and those around you. You engaged in extensive planning, and there is a similarity to the circumstances of all of your offences.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Robbery (CC 344)
- Using an imitation firearm in the commission of an offence (CC 85(2))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 8 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.P. Bussanich, S. Wan
Defence: J. Oppal
Sources
- R. v. A.R.K.K., 2023 BCSC 1175 Court decision, CanLII, July 6, 2023
[56] The Crown submits that eight to ten years is a fit and appropriate sentence for manslaughter. … global sentence should be between 13 and 15 years' imprisonment, reduced to between 11 and 13 years after applying the totality principle.
[57] The defence submits that, ordinarily, a fit and appropriate sentence for the manslaughter offence would be seven years' imprisonment. … global sentence should be 12 years, reduced to eight years after applying the totality principle.
[48] … He was conditionally discharged and placed on probation for two years. He was on probation at the time of these offences.
[130] The offences you committed are grave and demonstrated reckless and careless attitudes toward your victims and those around you. You engaged in extensive planning, and there is a similarity to the circumstances of all of your offences.
[133] Based on the totality principle, I reduce your sentence to 12 years. [134] I grant you 1,061 days' credit for time spent in pre-sentence custody, leaving 3,319 days (or nine years and 34 days) left for you to serve on your sentences.
- R. v. A.R.K.K., 2023 BCSC 1175 Court decision, Courts of British Columbia