Manslaughter

R. v. Charleson

Sentence and the Crown's position

Crown asked15 years in custody1
Judge imposed15 years imprisonment less 37 months credit (143 months remaining)1

What the law allows

MaximumLife imprisonment
Crown asked15 years in custody
Judge imposed15 years in custody
Defence asked15 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.

Rykel Charleson, also known as Rykel Frank, pleaded guilty to unlawful act manslaughter for the death of her six-year-old son, who died of blunt-force head trauma in March 2018 after months of abuse by her and his stepfather. Crown and defence jointly proposed 15 years' imprisonment before credit for pretrial custody. Justice Tammen accepted the joint submission, imposing 15 years less 37 months of credit, and found that powerful Gladue factors attenuated her moral blameworthiness while the abuse of a child in her care required primary consideration of denunciation and deterrence.

In the judge's words

The sentence must be one which adequately reflects society's condemnation of the crime. The sentence must also not lose sight of prospects for rehabilitation of both these accused, comparatively young people being sent to prison for the first time.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
15 years in custody1
Appeal
Not yet checked
Counsel
Crown: K.A. Henders Miller, A.J. Taylor
Defence: B.S. Lynskey

Sources

  1. R. v. Charleson, 2024 BCSC 1191 Court decision, CanLII, May 16, 2024[13] … Here, counsel put forward a joint submission and submit that a fit sentence for both accused, prior to deduction for time already spent in custody, is 15 years.[13] … Here, counsel put forward a joint submission and submit that a fit sentence for both accused, prior to deduction for time already spent in custody, is 15 years.[3] In this case, the two perpetrators are Rykel Charleson, also known as Rykel Frank, … mother, and Mitchell Frank,[15] There are also present for both accused several mitigating circumstances. Neither accused has a criminal record.[27] … The sentence must be one which adequately reflects society's condemnation of the crime. The sentence must also not lose sight of prospects for rehabilitation of both these accused, comparatively young people being sent to prison for the first time.[32] … The sentence I intend to impose for both Ms. Frank and Mr. Frank is 15 years. From that must be deducted time already spent in pretrial custody. … Therefore, each accused will receive credit for three years plus one month, so 37 months. That leaves a sentence to be served of 12 years less one month, or 143 months. … [33] Ms. Frank, would you please stand. Ms. Frank, I sentence you to 143 months' imprisonment.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Charleson, 2024 BCSC 1191 Court decision, Courts of British Columbia

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