Manslaughter with a firearm
R. v. Ratchford
Sentence and the Crown's position
What the law allows
Samuel Kenneth Pechanec Ratchford pleaded guilty to manslaughter for fatally shooting a friend with a rifle outside his home near Terrace, and to two firearms counts for carrying a loaded handgun a month earlier. Crown and defence jointly proposed 12 years for the manslaughter with five years concurrent on the firearms counts. Justice Brundrett accepted the joint submission, citing the use of a firearm Mr. Ratchford was prohibited from possessing and his extensive record.
In the judge's words
1[45] The main offence involves the manslaughter of a promising young man with a family. The offence has significant aggravating features--most notably the use of a firearm, of which Mr. Ratchford should never have been in possession. Mr. Ratchford's extensive record and the tragic circumstances of the offence are overall supportive of deterrence and denunciation being the prime sentencing principles at play here.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 12 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: S.K. Hopkins, K.E. Costain
Defence: P.S. McMurray
Sources
- R. v. Ratchford, 2023 BCSC 2492 Court decision, CanLII, October 23, 2023
[40] As noted above, counsel have made a joint submission in this case in favour of a 12-year sentence on the manslaughter charge and a concurrent five-year sentence on each of the two firearms charges.
[40] As noted above, counsel have made a joint submission in this case in favour of a 12-year sentence on the manslaughter charge and a concurrent five-year sentence on each of the two firearms charges.
[12] The offence of manslaughter attracts a four‑year minimum sentence when committed with a firearm.
[1] Mr. Ratchford entered a guilty plea on Indictment 35725‑3 to manslaughter in relation to an incident occurring on January 29, 2022.
[45] The main offence involves the manslaughter of a promising young man with a family. The offence has significant aggravating features--most notably the use of a firearm, of which Mr. Ratchford should never have been in possession. Mr. Ratchford's extensive record and the tragic circumstances of the offence are overall supportive of deterrence and denunciation being the prime sentencing principles at play here.
[51] I hereby sentence you on File 35725‑3 to a period of 12 years' imprisonment, less 632 days' time served, which will be credited at the usual 1.5 to 1 ratio of 948 days' credit, for a sentence left to be served of 3,432 days. [52] On File 35970‑2, that is the two firearms charges, I sentence you to five years concurrent on those two counts, to run concurrently with the 12-year manslaughter sentence, with the same credit provided.
- R. v. Ratchford, 2023 BCSC 2492 Court decision, Courts of British Columbia