Manslaughter
R. v. Harry
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Chad Steven Harry pleaded guilty to manslaughter at the outset of his trial for second degree murder, for an unprovoked assault in Vancouver in April 2019 in which he punched the victim and kicked and stomped on his head. The Crown sought seven years' imprisonment; the defence proposed a conditional sentence of two years less a day. Justice Fleming imposed five years' imprisonment less 11 months of credit, finding a conditional sentence unreasonable while giving significant weight to his sobriety since 2019 and the Gladue factors that substantially reduced his moral blameworthiness.
In the judge's words
1Mr. Harry, based on the gravity of your offence, your reduced but still significant moral blameworthiness, the many mitigating factors, and the aggravating factors which are fewer, the objectives of denunciation, deterrence, and rehabilitation, the principle of restraint, and comparing this case to the others I have discussed, I am firmly of the view, that a CSO would be unreasonable and a significant sentence of imprisonment is required.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years less a day conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: D.J. Pruim, S. Gillespie
Defence: J.D.A. Watt
Sources
- R. v. Harry, 2023 BCSC 999 Court decision, CanLII, April 6, 2023
[5] The Crown seeks a sentence of seven years' imprisonment less credit for time served, which is agreed to be 11 months, along with mandatory ancillary orders.
[5] … Mr. Harry's counsel proposes a conditional sentence order ("CSO") based on a jail sentence of two years less a day followed by a three-year probation order.
[63] Turning to the legal framework. The offence of manslaughter has no minimum sentence, but carries a maximum penalty of life imprisonment.
[1] Charged with second degree murder, at the outset of the trial, Chad Harry entered a guilty plea to manslaughter
[145] Mr. Harry, based on the gravity of your offence, your reduced but still significant moral blameworthiness, the many mitigating factors, and the aggravating factors which are fewer, the objectives of denunciation, deterrence, and rehabilitation, the principle of restraint, and comparing this case to the others I have discussed, I am firmly of the view, that a CSO would be unreasonable and a significant sentence of imprisonment is required.
[147] Giving as much weight as can be justified to the objective of rehabilitation and the principle of restraint, before a deduction for time served, I sentence you to five years' imprisonment. Applying the agreed‑upon credit of 11 months, I imposed a sentence of four years and one month imprisonment.
- R. v. Harry, 2023 BCSC 999 Court decision, Courts of British Columbia