Manslaughter
R. v. Crossley
- On release at the time
Sentence and the Crown's position
What the law allows
Curtis James Crossley pleaded guilty to manslaughter after taking part with his brother in a group assault in which he used a knife and then bear-sprayed the victim; he had been charged with second degree murder. Crown and defence jointly proposed nine years and six months less credit for pre-sentence custody. Justice Mayer accepted the joint submission, finding his moral blameworthiness tempered by his mental health, cognitive limits, substance abuse and Indigenous heritage, and noted he was in breach of a probation order at the time.
In the judge's words
1Despite this finding, Curtis Crossley's moral blameworthiness is tempered by factors including his mental health issues, limited cognitive abilities, history of substance abuse and his indigenous heritage and the inferred impact on his life.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 9 years and 6 months in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: R. Flannigan, J. Gock
Defence: G. Ng, S. Head
Sources
- R. v. Crossley, 2023 BCSC 2126 Court decision, CanLII, November 17, 2023
[2] Crown and defence, by way of a joint submission, submit that a fit sentence would be nine years and six months, minus credit for pre-trial custody.
[2] Crown and defence, by way of a joint submission, submit that a fit sentence would be nine years and six months, minus credit for pre-trial custody.
[17] Section 236 of the Code provides that the maximum sentence for manslaughter is life and there is no minimum.
[1] Curtis Crossley was charged with the second degree murder of … on November 19, 2021.
i. At the time of the offence, Curtis Crossley was in breach of his probation order imposed on July 15, 2021, that he must not possess any weapons, including knives.
Despite this finding, Curtis Crossley's moral blameworthiness is tempered by factors including his mental health issues, limited cognitive abilities, history of substance abuse and his indigenous heritage and the inferred impact on his life.
[29] I am satisfied that the administration of justice will not be brought into disrepute if the sentence proposed by the Crown and Defence is imposed. Accordingly, I impose a sentence of nine years and six months, subject to deduction for pre-sentence custody. … [30] The Crown and Defence concede, and I find, that since his arrest for this offence that Curtis Crossley has been in custody for 728 days, which when multiplied by 1.5 pursuant to s. 719(3.1) of the Code results in a credit for pre‑trial custody of 1,093 days.
- R. v. Crossley, 2023 BCSC 2126 Court decision, Courts of British Columbia