Manslaughter
R. v. Charleson
Sentence and the Crown's position
What the law allows
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
1The 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.
The record
- Convicted of
- Manslaughter (CC 236)
- 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
- 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.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Charleson, 2024 BCSC 1191 Court decision, Courts of British Columbia