Manslaughter
R. v. Bouthillette
- On release at the time
Sentence and the Crown's position
What the law allows
Pascal Jean Claude Bouthillette pleaded guilty, on the first day of his first degree murder trial, to manslaughter for the death of a 78-year-old woman during a home invasion in which he and another man posed as police officers. Crown and defence jointly proposed 12 years' imprisonment less credit for presentence custody. Justice Ker accepted the joint submission and imposed 12 years, with 1,841 days of credit, finding the sentence balanced the aggravating and mitigating factors with a primary emphasis on deterrence and denunciation.
In the judge's words
1Third, in my view, the recommended sentence appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence imposed honours the overarching principle of sentencing, that the sentence is proportionate to the gravity of the offence and the degree of responsibility of the offender.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 51 prior convictions1
- At the time of the offence
- On probation1
- Defence asked for
- 12 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: J. Lawton, J. Zondervan
Defence: R.A. McConchie
Sources
- R. v. Bouthillette, 2024 BCSC 1491 Court decision, CanLII, June 12, 2024
[54] Here the parties advance a joint submission that Mr. Bouthillette be sentenced to 12 years' imprisonment, less credit for time spent in custody awaiting trial and now sentencing.
[54] Here the parties advance a joint submission that Mr. Bouthillette be sentenced to 12 years' imprisonment, less credit for time spent in custody awaiting trial and now sentencing.
[2] … The maximum sentence for manslaughter is life imprisonment. There is no minimum sentence.
[2] Pascal Jean Claude Bouthillette is before the Court for sentencing on one count of manslaughter, contrary to s. 236 of the Criminal Code, R.S.C., 1985, c. C-46 [Code].
[24] … He was bound by a probation order at the time he committed this offence.
[24] Mr. Bouthillette's criminal record reflects this state of affairs. It is lengthy with 51 convictions, mainly for property‑related offences. He does have a robbery conviction from 2003 when he was 24 years old, as well as assault convictions and a conviction for uttering threats.
[83] Third, in my view, the recommended sentence appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence imposed honours the overarching principle of sentencing, that the sentence is proportionate to the gravity of the offence and the degree of responsibility of the offender.
[94] For the offence of manslaughter contrary to s. 236 of the Code, I sentence you to 12 years' imprisonment. … [95] I must also factor into that sentence the credit for your presentence custody. As discussed earlier in these reasons, I have determined that you are entitled to a credit of 1,841 days of presentence custody to be deducted from your sentence.
- R. v. Bouthillette, 2024 BCSC 1491 Court decision, Courts of British Columbia