Manslaughter
R. v. J.R.J.B.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Crown asked12 years in custody1
Judge imposed8 years' imprisonment, less 1,787 days' credit for pre-sentence custody1
4 years less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed8 years in custody
Defence asked6 years in custody
The offender pleaded guilty to manslaughter after fatally stabbing a man inside a Surrey residence in November 2019; he had originally been charged with first-degree murder. The Crown sought 12 years' imprisonment and the defence 6 to 7 years. Justice Devlin imposed 8 years less 1,787 days' credit, finding the attack planned and coordinated with associates in the drug trade, while giving weight to the guilty plea and good prospects for rehabilitation.
In the judge's words
1That said, the prevailing message I take from the cases reviewed above is that those who invade the sanctity of a home to carry out a planned and orchestrated attack, armed with a weapon, will be subject to severe sanctions.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 4 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 6 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C.A. McPherson, K.C., B.K. Boland, S. Wan, R. Khangura, D.J. Beesley
Defence: G. Orris, K.C., M.J. Swartz, V.L. de Jong
Sources
- R. v. J.R.J.B., 2023 BCSC 1202 Court decision, CanLII, July 18, 2023
[76] The Crown submits that a sentence of 12 years' imprisonment is fit and proper in the circumstances, in light of a number of aggravating factors.
[79] Counsel for … submits that an appropriate sentence in the circumstances is in the range of 6 to 7 years.
[74] Given his troubled past, it is perhaps unsurprising that … has a criminal record, beginning when he was a youth. His adult record consists of a conviction for theft in December 2012; for taking a vehicle without consent in May 2014; and for two counts of possession of a controlled substance in 2018.
[121] That said, the prevailing message I take from the cases reviewed above is that those who invade the sanctity of a home to carry out a planned and orchestrated attack, armed with a weapon, will be subject to severe sanctions.
[130] On the charge of manslaughter in the death of …, I sentence you to 8 years' imprisonment. … [131] I must also factor into that sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 1,271 days in custody, less the 80 days you were credited and served for the sentence imposed in May 2020. Therefore, you are entitled to credit for 1,191 days, which at a rate of 1.5:1 yields a total credit of 1,787 days. Thus, your sentence will be 1,133 days, or 3 years and 38 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. J.R.J.B., 2023 BCSC 1202 Court decision, Courts of British Columbia