Manslaughter, Indignity to human remains
R. v. O.R.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
The offender pleaded guilty, after the Crown closed its case at trial, to manslaughter and to offering an indignity to human remains in the August 2021 death of his intimate partner in Langley, whom he punched and then left to die without calling 911 before dismembering and disposing of her body. The Crown sought a global sentence of 19 years; the defence sought 10 to 11 years. Justice Devlin imposed 16 years (11 years for manslaughter and the five-year maximum for the indignity, consecutive, after a modest totality reduction), less 1,413 days of credit, finding the offence close to 'near murder'.
In the judge's words
1The gravity of the offences at bar, and … personal responsibility in the commission of the offences, fall on the high end of the spectrum. The culpable killing of another human being is evidently and objectively grave.
The record
- Convicted of
- Manslaughter (CC 236)
- Indignity to human remains (CC 182(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 10 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C.P. Pike
Defence: G.M. Ng
Sources
- R. v. O.R., 2024 BCSC 1288 Court decision, CanLII, July 16, 2024
[5] The parties diverge on what they consider the appropriate sentence for manslaughter. The Crown submits a sentence of 14 years' imprisonment is fit and proper, considering a number of aggravating factors. Thus, they propose a global sentence of 19 years.
[5] … Counsel for … proposes a global sentence in the range of 10 to 11 years' imprisonment, consisting of five to six years for manslaughter to be served consecutively to the five-year sentence on Count 2.
[40] … is 52 years old and has no prior criminal history.
[90] The gravity of the offences at bar, and … personal responsibility in the commission of the offences, fall on the high end of the spectrum. The culpable killing of another human being is evidently and objectively grave.
[103] On Count 1, the charge of manslaughter in the death of … I sentence you to 11 years' imprisonment. [104] On Count 2, the charge of indignity to human remains, I sentence you to five years' imprisonment to run consecutive to the sentence imposed on Count 1. [105] Therefore, your global sentence is 16 years. [106] I must also factor into that sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 942 days in custody. A rate of 1.5:1 yields a total credit of 1,413 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. O.R., 2024 BCSC 1288 Court decision, Courts of British Columbia