Manslaughter

R. v. Rhyno

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed8 years in prison, less 40 months (1,199 days) credit for pre-sentence custody1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed8 years in custody
Defence asked5 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.

A jury found Nicholas Rhyno guilty of manslaughter for fatally stabbing a man in the neck during a knife fight in a Dartmouth apartment building hallway; the jury acquitted him of second degree murder. The Crown sought 10 to 12 years and the defence 5 years. Justice Keith imposed 8 years in prison, less 40 months' credit for pre-sentence custody, finding the violence spontaneous but giving weight to his record of 22 prior convictions and the need for specific deterrence.

In the judge's words

An important “aggravating” issue in this case is the circumstances of the offender and what his criminal record says about the need to emphasize specific deterrence, that is, the imposition of a sentence that seeks to deter him from engaging in further conduct that causes harm to other people. There is also a real chance in my mind that without that rehabilitation, and without his own personal commitment to it, he will continue to be a risk to his own safety and to those around him. The penalty to be imposed today must recognize the need therefore to protect society both through such rehabilitative programming and, in the interim, separating him from the community where he represents a danger.

1

The record

Convicted of
Prior convictions
22 prior convictions, 4 violent1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: Eric Taylor and Nicole Campbell
Defence: Patrick MacEwen

Sources

  1. R. v. Rhyno, 2023 NSSC 9 Court decision, CanLII, January 5, 2023[111] The Crown proposes a sentence on the higher end of the scale 10 – 12 years which is beyond the general range for manslaughter.[112] The Defence proposes a sentence on the lower end: 5 years.[60] The offence of Manslaughter carries a maximum punishment of life imprisonment. There is no mandatory minimum sentence.[3] By verdict rendered September 23, 2022, a jury found Nicholas Rhyno guilty of manslaughter contrary to section 236(b) of the Criminal Code in the death of …[72] Mr. Rhyno accepts the following brief summary of Mr. Rhyno’s criminal record, taken from the Crown’s written submissions on sentencing at paragraph 9: Mr. Rhyno has 22 prior convictions, grouped as follows: Offences of Violence: Assault Causing Bodily Harm 2 x Assault with a Weapon Assault[124] An important “aggravating” issue in this case is the circumstances of the offender and what his criminal record says about the need to emphasize specific deterrence, that is, the imposition of a sentence that seeks to deter him from engaging in further conduct that causes harm to other people. There is also a real chance in my mind that without that rehabilitation, and without his own personal commitment to it, he will continue to be a risk to his own safety and to those around him. The penalty to be imposed today must recognize the need therefore to protect society both through such rehabilitative programming and, in the interim, separating him from the community where he represents a danger.[125] In all the circumstances, I sentence Mr. Rhyno to 8 years in prison. The credit for pre-sentence custody is 40 months, on agreement by all parties and representing 799 real days with credit of 1.5 = 1,199 days = 40 months, rounded up.
  2. R. v. Rhyno, 2023 NSSC 9 Court decision, Courts of Nova Scotia

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