Manslaughter

R. v. Howse

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked7 years in custody1
Judge imposedFive years imprisonment less 1,220 days credit (605 days remaining), then three years probation1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked7 years in custody
Judge imposed5 years in custody
Defence asked4 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.

Paige Courtney Howse pleaded guilty to manslaughter for beating an acquaintance to death in a Vernon motel room in February 2020. The Crown sought seven to nine years' imprisonment; the defence proposed four years followed by probation. Justice Donegan imposed five years' imprisonment, less 1,220 days of credit, followed by three years of probation, finding her moral blameworthiness reduced by her mental illness, substance use disorder and Gladue factors.

In the judge's words

Based upon all I have discussed - the gravity of your offence, your substantial but attenuated moral blameworthiness, the aggravating and mitigating factors, the primary objectives of denunciation and general deterrence, comparing your case to others, and giving as much weight as can be justified to the objective of rehabilitation and the principle of restraint - I find a proportionate sentence in this difficult case is five years imprisonment.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years in custody1
Appeal
Not yet checked
Counsel
Crown: M. Cissell
Defence: M.J. Swartz, C. Paquette

Sources

  1. R. v. Howse, 2024 BCSC 1204 Court decision, CanLII, May 31, 2024[3] The Crown seeks a sentence of seven to nine years imprisonment, less time served.[95] Mr. Swartz submits that an appropriate sentence would be four years imprisonment, less time served.[85] … As this offence carries no minimum sentence, the range of available sentences is very broad.[2] … Ms. Howse has accepted responsibility for her crime and is here to be sentenced for the offence of manslaughter.[106] Ms. Howse was relatively youthful and had no criminal record at the time of the offence.[130] Based upon all I have discussed - the gravity of your offence, your substantial but attenuated moral blameworthiness, the aggravating and mitigating factors, the primary objectives of denunciation and general deterrence, comparing your case to others, and giving as much weight as can be justified to the objective of rehabilitation and the principle of restraint - I find a proportionate sentence in this difficult case is five years imprisonment.[130] … I find a proportionate sentence in this difficult case is five years imprisonment. … [131] From this, I give you credit for a total of 813 days of pre-sentence custody at a rate of 1.5 to one, or the equivalent of 1,220 days. Five years' imprisonment is the equivalent of 1,825 days, so the remaining time for you to serve is 605 days. … There will be a probationary term to follow for a period of three years.
  2. R. v. Howse, 2024 BCSC 1204 Court decision, Courts of British Columbia

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