Manslaughter

R. v. Patterson

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposed7 years in custody (2,556 days), less 735 days credit1

What the law allows

MaximumLife imprisonment
Crown asked7 years in custody
Judge imposed2556 days in custody
Defence asked7 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.

Sean Patterson pleaded guilty to manslaughter after cutting the victim's throat with a knife in a Nanaimo mall parking lot in January 2023. Crown and defence jointly proposed seven years in custody. Justice Thompson accepted the joint submission and imposed seven years, less 735 days of credit, noting the offender's remorse, guilty plea and lack of a criminal record against the use of a knife and leaving the victim to die.

In the judge's words

[3] This homicide happened suddenly and it is impossible to explain, other than as an outcome of illicit drug use coinciding with access to a deadly weapon.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
7 years in custody1
Appeal
Not yet checked
Counsel
Crown: N. Barber
Defence: K. Bradshaw

Sources

  1. R. v. Patterson, 2024 BCSC 1093 Court decision, CanLII, June 5, 2024[1] … I have received a joint sentencing submission that the offender be imprisoned for seven years, less credit for time served[1] … I have received a joint sentencing submission that the offender be imprisoned for seven years, less credit for time served[1] THE COURT: This is a sentencing following a guilty plea to manslaughter. On 22 January 2023 in Downtown Nanaimo, Sean Patterson slit the throat of the victim[4] Mr. Patterson is 38 years old, and without a criminal record.[3] This homicide happened suddenly and it is impossible to explain, other than as an outcome of illicit drug use coinciding with access to a deadly weapon.[7] Mr. Patterson, stand up, please. In accordance with the joint submission, I sentence you to serve a prison sentence of seven years. … [8] In terms of days, counsel, the sentence is 2556 days which takes account of the fact that 2028 is a leap year. It is common ground, I believe, that Mr. Patterson is entitled to 735 days' credit for time on remand
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Patterson, 2024 BCSC 1093 Court decision, Courts of British Columbia

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