Manslaughter
R. v. J.S.H.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to manslaughter for his role in a 2019 homicide in Surrey, in which he helped arrange a ride for an associate in the drug trade who fatally stabbed the victim over a drug debt, and then helped clean the vehicle and dispose of the knife. The Crown sought six years' imprisonment; the defence sought a conditional sentence of two years less a day. Justice Devlin imposed 3 years' imprisonment, less 105 days of credit, finding that restraint for a youthful first-time offender with clear rehabilitative efforts justified a sentence below the usual range for manslaughter.
In the judge's words
1Considering all of these factors, and alive to the importance of demonstrating restraint for youthful, first-time offenders, I have determined that a penitentiary sentence below the usual range for manslaughter is justified.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: C.A. McPherson, K.C., S. Wan
Defence: R.S. Fowler, K.C., C. Muldoon, R.D. Adair
Sources
- R. v. J.S.H., 2023 BCSC 1564 Court decision, CanLII, September 7, 2023
[40] The Crown submits that a sentence of six years' imprisonment is appropriate.
[42] The defence seeks a CSO of two years less a day.
[67] Mr. … is also a youthful first-time offender. He was only 20 years old at the time of the offence and does not have a criminal record.
[89] … Considering all of these factors, and alive to the importance of demonstrating restraint for youthful, first-time offenders, I have determined that a penitentiary sentence below the usual range for manslaughter is justified.
[91] On the charge of manslaughter in the death of … I sentence you to 3 years' imprisonment, or 1,095 days. [92] I must also factor into that sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 70 days in custody. A rate of 1.5:1 yields a total credit of 105 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. J.S.H., 2023 BCSC 1564 Court decision, Courts of British Columbia