Manslaughter
R. v. Sor
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Kongkea Sor was charged with second-degree murder and found guilty by a jury of manslaughter after he stabbed a man five times during a brief struggle in Vancouver's Downtown Eastside, moments after the man sprayed him with bear spray. The Crown sought six years' imprisonment; the defence sought a conditional sentence order. Justice Macintosh imposed 30 months in prison less 90 days' credit, finding Sor had been attempting to defend himself with excessive force and citing his lack of a criminal record, rehabilitation efforts and sincere remorse, while rejecting a conditional sentence.
In the judge's words
1For Mr. Sor, specific deterrence is not a factor, and, in the spectrum of manslaughter, his moral turpitude is at the lower end of the spectrum, but general deterrence and denunciation remain of paramount importance, and the principle of parity is also to be taken into account.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: D.J. Pruim
Defence: B.R. Anderson
Sources
- R. v. Sor, 2023 BCSC 642 Court decision, CanLII, April 11, 2023
[2] The Crown seeks his imprisonment for six years.
[2] The Crown seeks his imprisonment for six years. Mr. Sor, on the other hand, seeks a conditional sentence order.
[19] For Mr. Sor, the evidence establishes the following mitigating factors. He has no criminal record, as I have noted.
[32] For Mr. Sor, specific deterrence is not a factor, and, in the spectrum of manslaughter, his moral turpitude is at the lower end of the spectrum, but general deterrence and denunciation remain of paramount importance, and the principle of parity is also to be taken into account.
[36] Please stand, Mr. Sor. I sentence you, sir, to prison for two and a half years or 30 months, less credit of 90 days for time served, for a net sentence of 27 months.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Sor, 2023 BCSC 642 Court decision, Courts of British Columbia