Manslaughter, Aggravated assault

R. v. H.S.

A publication ban applies. The offender is not named.

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked12 years in custody1
Judge imposed10 years global (2 years concurrent on each aggravated assault), less 2,177 days pre-trial credit1
2 years less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed10 years in custody
Defence asked8 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.

The offender pleaded guilty to manslaughter and two counts of aggravated assault arising from a stabbing attack in a Surrey home in 2020 that killed a woman and seriously injured two others. The Crown sought 12 years' imprisonment and the defence no more than eight years; Justice Devlin imposed a global sentence of 10 years, less 2,177 days of pre-trial credit. The judge stressed deterrence and denunciation for a brutal attack on a defenceless victim in her own home, while crediting the guilty pleas, the offender's efforts to have authorities notified, and his lack of a criminal record.

In the judge's words

In terms of general deterrence, members of the public must understand that violence of this sort will not be tolerated, and that those who engage in such behaviour will receive severe penalties. Society cannot and will not tolerate this type of violent act.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
8 years in custody1
Appeal
Not yet checked
Counsel
Crown: M.P. Bussanich
Defence: G. Orris, K.C.

Sources

  1. R. v. H.S., 2024 BCSC 1869 Court decision, CanLII, October 9, 2024[29] The Crown submits that the appropriate sentence for Count 1 is 12 years' imprisonment, less credit for time already served in custody.[39] Counsel for … submit that a fit sentence for Count 1 would not exceed eight years' imprisonment, less credit for time already served.[19] … is 39 years old, and was 36 years old at the time of the offences. He has no criminal record.[69] In terms of general deterrence, members of the public must understand that violence of this sort will not be tolerated, and that those who engage in such behaviour will receive severe penalties. Society cannot and will not tolerate this type of violent act.[79] Therefore, your global sentence is 10 years' imprisonment. [80] I must now factor into that sentence the credit you are to be given for 1,451 days of pre-trial custody. At a rate of 1.5:1, you are entitled to a total credit of 2,177 days in custody.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. H.S., 2024 BCSC 1869 Court decision, Courts of British Columbia

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