Manslaughter
R. v. J.M.R.E.
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 for a planned beating with a baseball bat, carried out in the context of the drug trade, that caused the victim's death. The Crown sought 10 to 12 years and a long-term offender designation with a 10-year supervision order; the defence sought eight years and a shorter supervision order. Justice Dley designated him a long-term offender and imposed 10 years of imprisonment followed by a 10-year long-term supervision order, finding his conduct at the upper end of the range but reducing the term for Gladue factors and the rehabilitative role of supervision.
In the judge's words
1[98] Deterrence and denunciation are the primary factors that guide the sentencing in these circumstances. However, the focus on Aboriginal‑based restorative justice measures and rehabilitation, both while in custody and as a result of the long‑term supervision order, reduce what would otherwise be a longer period of imprisonment.
The record
- Convicted of
- Manslaughter (CC 236)
- 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: S.E. Firestone, L.M. Winters
Defence: J. Michi
Sources
- R. v. J.M.R.E., 2023 BCSC 1742 Court decision, CanLII, July 28, 2023
[2] The Crown says that a fit sentence would be a period of incarceration for 10 to 12 years.
[3] The defence argues that a fit sentence is one of eight years in jail
… was on probation at the time of the beating.
[98] Deterrence and denunciation are the primary factors that guide the sentencing in these circumstances. However, the focus on Aboriginal‑based restorative justice measures and rehabilitation, both while in custody and as a result of the long‑term supervision order, reduce what would otherwise be a longer period of imprisonment.
[108] In summary, … shall be imprisoned for 10 years with a long‑term supervision order for a period of 10 years after his release from prison.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. J.M.R.E., 2023 BCSC 1742 Court decision, Courts of British Columbia