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

Crown asked6 years in custody1
Judge imposed3 years imprisonment less 105 days credit for pre-sentence custody1
3 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed3 years in custody
Defence asked2 years less a day conditional sentence
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.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. J.S.H., 2023 BCSC 1564 Court decision, Courts of British Columbia

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