Manslaughter with a firearm
R. v. Hughes
- Below the Crown's ask
- On release at the time
Sentence and the Crown's position
What the law allows
Shane Travis Hughes pleaded guilty to manslaughter with a firearm for shooting his common-law partner with a sawed-off shotgun during a verbal dispute at their Chilliwack home, while he was on a release order that barred him from possessing firearms. The Crown sought five and a half to six years; the defence sought three years. Justice Winteringham imposed five years' imprisonment, less 28 months' credit for pre-sentence custody, finding that a six-year sentence would have been appropriate but for his efforts at sobriety and rehabilitation and his sincere remorse.
In the judge's words
1But for Mr. Hughes' efforts at sobriety and rehabilitation, a six‑year sentence would have been appropriate. However, I do take into account the important work he has done and his expression of remorse for the events of February 26, 2019, which I accept as sincere.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- 3 prior convictions, 1 violent1
- At the time of the offence
- On bail1
- Defence asked for
- 3 years in custody1
- Mandatory minimum
- Found unconstitutional or not applied under a binding ruling1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Lester, B.G. Oros
Defence: R. Dhanu, R.J.K. Gill
Sources
- R. v. Hughes, 2023 BCSC 688 Court decision, CanLII, March 1, 2023
[9] In this case, Crown counsel takes the position that five and a half to six years is the appropriate sentence for the court to impose
[12] … Mr. Hughes suggests the court impose a sentence of three years.
[8] Pursuant to s. 236(a) of the Criminal Code, the offence of manslaughter with a firearm is punishable by a minimum sentence of four years' imprisonment and a maximum sentence of life in prison. However, this court in Penner held that provision to be unconstitutional at para. 186.
[3] Mr. Hughes is before the court for sentencing, having entered a guilty plea to one count that he did, using a firearm, commit manslaughter of … contrary to s. 236(a) of the Criminal Code, R.S.C. 1985, c. C-46.
[21] At the time of this offence, Mr. Hughes was on a bail order from November 5, 2018. … As such, Mr. Hughes was on a release order when he committed manslaughter.
[22] On March 10, 2021, Mr. Hughes pleaded guilty to dangerous operation of a motor vehicle and uttering threats. The offences related to events that occurred on September 2, 2018 … [23] Mr. Hughes also has a conviction for trafficking in a controlled substance from events that occurred on July 9, 2003.
[124] But for Mr. Hughes' efforts at sobriety and rehabilitation, a six‑year sentence would have been appropriate. However, I do take into account the important work he has done and his expression of remorse for the events of February 26, 2019, which I accept as sincere.
[128] … I have decided that five years is an appropriate sentence in this case. That will be 60 months, less 28 months for pre‑sentence custody, for a total of 32 "new" months. … [10] … Counsel agree that Mr. Hughes be given credit of 28 months, which is calculated as 550 days in pretrial custody multiplied by 1.5, totalling 837 days or, as I have said, 28 months' credit.
- R. v. Hughes, 2023 BCSC 688 Court decision, Courts of British Columbia