Manslaughter

R. v. Del Rosario

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposedEight and a half years imprisonment, less 28 months credit for pre-sentence custody1
1 year and 6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed3105 days in custody
Defence asked5 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.

Anthony Santos Del Rosario pleaded guilty mid-trial to manslaughter for the fatal attack on his aunt in North Vancouver with his fists and a pair of scissors while in a methamphetamine-induced psychosis. The Crown sought ten years; the defence sought five to six years. Justice Milman imposed eight and a half years, less 28 months of credit for pre-sentence custody, citing the brutality of the attack and the vulnerability of the victim, balanced against his lack of a criminal record, guilty plea and remorse.

In the judge's words

Having considered the history I have just recounted, the authorities cited and submissions made to me, I have concluded that the appropriate sentence lies somewhere between the durations urged by the Crown and the defence, but closer to that proposed by the Crown.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
5 years in custody1
Appeal
Not yet checked
Counsel
Crown: M.E. Donnelly, S. Norton
Defence: D.A. Jardine, K.C.

Sources

  1. R. v. Del Rosario, 2024 BCSC 1220 Court decision, CanLII, July 4, 2024[59] The Crown seeks a sentence of ten years, less a credit for time served.[61] Defence counsel submits that the appropriate sentence is between five and six years, less time served.[56] Pursuant to s. 236, the maximum sentence for the offence of manslaughter is life imprisonment. There is no mandatory minimum sentence.[1] Before the Court for sentencing is Anthony Del Rosario.[67] … Despite his lengthy history of drug use, Mr. Del Rosario has no criminal record.[75] Having considered the history I have just recounted, the authorities cited and submissions made to me, I have concluded that the appropriate sentence lies somewhere between the durations urged by the Crown and the defence, but closer to that proposed by the Crown.[76] Mr. Del Rosario please stand. I sentence you to a term of eight and a half years imprisonment, less time already served. By my calculation, you have already served 18 months and 21 days. That means that you are entitled to a credit, multiplying that period of time by 1.5, of 28 months, or two years and four months, yielding a net custodial sentence remaining to be served of six years and two months.
  2. R. v. Del Rosario, 2024 BCSC 1220 Court decision, Courts of British Columbia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.