Manslaughter

R. v. Johnson

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposedSeven years' imprisonment, less 1259 days' credit for pre-sentence custody1
3 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed7 years in custody
Defence asked4 years in custody
For manslaughter (CC 236), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Terry Johnson pleaded guilty to manslaughter after driving his truck at speed up a driveway during an argument and striking and killing the victim. The Crown sought 10 to 12 years' imprisonment; the defence sought four years. Associate Chief Justice Duncan imposed seven years' imprisonment, less 1259 days' credit for pre-sentence custody, finding the defence comparison to one-punch manslaughter cases minimized the gravity of the crime while treating harsh remand conditions as a mitigating factor.

In the judge's words

[108] To accept the offender's suggestion that this was akin to the "one-punch manslaughter" sentences is, as I have indicated, to seriously minimize the gravity of this crime. While I am satisfied that he is a very low risk to re-offend, the sentence must be consistent with similar cases and send a clear message to the public that there are serious consequences when someone loses control of their emotions and drives in such a dangerous manner that a person is killed. This is so, even when killing was not the offender's intention.

1

The record

Convicted of
Prior convictions
2 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: Leigh-Ann Bryson, Bryson McDonald
Defence: Darren MacLeod, Matthew Dill, Shawnee Gregory

Sources

  1. R. v. Johnson, 2023 NSSC 375 Court decision, CanLII, November 3, 2023[33] The prosecution submits that Mr. Johnson should be incarcerated for a period of 10-12 years, adjusted by credit for pre-sentence custody.[39] Counsel for Mr. Johnson submits that the offender should be sentenced to a period of 4 years' imprisonment, considered served by time spent on remand.[41] There is no minimum sentence for manslaughter and in some cases, offenders who have been found guilty or pleaded guilty to manslaughter have not received jail sentences for this offence.[1] Terry Richard Johnson entered a plea of guilty to the charge that he on or about the 17th day of June 2021, at or near Dublin Shore, Lunenburg County, Nova Scotia did unlawfully cause the death of … and in doing so committed manslaughter contrary to s. 236(b) of the Criminal Code.[23] Mr. Johnson has a criminal record. In 1991 he was fined for failing the breathalyzer and in 1999 again fined for refusing the breathalyzer.[108] To accept the offender's suggestion that this was akin to the "one-punch manslaughter" sentences is, as I have indicated, to seriously minimize the gravity of this crime. While I am satisfied that he is a very low risk to re-offend, the sentence must be consistent with similar cases and send a clear message to the public that there are serious consequences when someone loses control of their emotions and drives in such a dangerous manner that a person is killed. This is so, even when killing was not the offender's intention.[111] In view of the many mitigating factors that I have found, including the circumstances of Mr. Johnson's incarceration at Central Nova, the sentence of the court is seven years' imprisonment. There will be a credit of 1259 days calculated as follows:
  2. R. v. Johnson, 2023 NSSC 375 Court decision, Courts of Nova Scotia

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