Manslaughter
R. v. Beynon
- On release at the time
Sentence and the Crown's position
What the law allows
Donald James Beynon pleaded guilty to manslaughter after repeatedly striking his romantic partner on the head with a bottle in Fort St. James in February 2022, while bound by a no-contact release condition. Crown and defence jointly proposed five years' jail; Justice Mayer accepted the joint submission and imposed five years' imprisonment less 1,246 days of pre-sentence credit, leaving 19 months to serve, followed by 30 months of probation. The judge found the offender's moral culpability high and said the sentence reflected the paramount principles of deterrence and denunciation.
In the judge's words
1I am satisfied that the joint submission is within the ranges or range articulated in relevant caselaw put before the court. The proposed sentence properly reflects the paramount principle of deterrence and denunciation, which is required as a result of the gravity of and high moral culpability in this offence, the impact of the offence, and both the aggravating and mitigating factors, as well as, as I have said, as a result of the status of Ms. … as an Indigenous victim.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: R.J. Climie, R.E. Roach
Defence: A.J. Lagemaat
Sources
- R. v. Beynon, 2024 BCSC 1055 Court decision, CanLII, May 17, 2024
[2] Crown and defence counsel made a joint submission that a fit and appropriate sentence in the circumstances of this case is five years' jail time, less time served for pretrial custody, resulting in a further period of incarceration of 19 months.
[2] Crown and defence counsel made a joint submission that a fit and appropriate sentence in the circumstances of this case is five years' jail time, less time served for pretrial custody, resulting in a further period of incarceration of 19 months.
[38] With respect to the sentencing range for manslaughter, pursuant to s. 236(a) of the Code, the offence carries a maximum sentence of life imprisonment. There is no minimum sentence.
[1] On September 12, 2023, Donald James Beynon pled guilty to manslaughter of his romantic partner … on February 7, 2022, in Fort St. James, contrary to s. 236(b) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
[6] Mr. Beynon is currently 41 years old. He was in a romantic relationship with the victim, …. During their relationship, Mr. Beynon was charged with the assault of Ms. … alleged to have occurred on September 30, 2021. He was released on condition that he have no contact with Ms. …. … As already stated, he was on a no‑contact order in respect of Ms. … at the time of this offence.
[54] I am satisfied that the joint submission is within the ranges or range articulated in relevant caselaw put before the court. The proposed sentence properly reflects the paramount principle of deterrence and denunciation, which is required as a result of the gravity of and high moral culpability in this offence, the impact of the offence, and both the aggravating and mitigating factors, as well as, as I have said, as a result of the status of Ms. … as an Indigenous victim.
[57] Mr. Beynon, please stand. On the charge of the offence of manslaughter contrary to s. 236(a) of the Criminal Code to which you have pled guilty, I sentence you to five years' imprisonment. However, I must also factor into that sentence the credit for your pretrial custody. That is, as agreed between the Crown and defence, 831 days from the time of your detention on February 7, 2022, to today. With enhanced credit of 1.5 days per one, which I consider is appropriate to be applied in this case, the total credit is 1,246 days or three years and five months. … [64] Upon your release, you must comply with the probation order for a term of 30 months with the following conditions.
- R. v. Beynon, 2024 BCSC 1055 Court decision, Courts of British Columbia