Manslaughter
R. v. Del Rosario
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
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
1Having 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.
The record
- Convicted of
- Manslaughter (CC 236)
- 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
- 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.
- R. v. Del Rosario, 2024 BCSC 1220 Court decision, Courts of British Columbia