Manslaughter

R. v. Willness

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed5 years' imprisonment less 405 days' credit for time served; DNA order and lifetime s. 109 prohibition1
1 year less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed5 years in custody
Defence asked2 years less a day conditional sentence
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.

Alex Willness was convicted after trial of manslaughter for striking a man on the head with a skateboard on a Nelson street while intoxicated; the victim died four days later. The Crown sought six to eight years' imprisonment; the defence sought a conditional sentence of two years less a day followed by probation. Justice Lyster imposed five years' imprisonment less 405 days' credit, rejecting a conditional sentence as inconsistent with the gravity of the offence, while finding that his difficult upbringing and alcoholism reduced his moral culpability to some degree.

In the judge's words

Given the gravity of the offence he committed, Mr. Willness' degree of moral culpability, and with due consideration of the mitigating and aggravating factors, a CSO would be inconsistent with the fundamental purposes and principles of sentencing.

1

The record

Convicted of
Prior convictions
6 prior convictions, 1 violent1
At the time of the offence
Not stated1
Defence asked for
2 years less a day conditional sentence1
Appeal
Not yet checked
Counsel
Crown: S.E. Firestone, C.-A. P. Pine
Defence: J.D.A. Watt, T. Forss

Sources

  1. R. v. Willness, 2024 BCSC 238 Court decision, CanLII, January 11, 2024[60] The Crown emphasizes Mr. Willness' moral culpability in committing the offence. The Crown submits that the most important sentencing principles in this case are deterrence and denunciation, and that a fit sentence would be in the range of six to eight years.[61] … It submits that an appropriate sentence would be two years less a day, less time served, to be served as a conditional sentence in the community followed by three years' probation.[66] … This wide range of moral culpability is why there is neither a minimum nor a maximum sentence for manslaughter.[2] Mr. Willness was convicted after trial on June 20, 2023.[55] While not as extensive as the criminal records of the offenders in some of the cases referred to me by counsel, Mr. Willness does have a criminal record. On August 7, 2013, Mr. Willness was convicted of a number of offences, namely assaulting a police officer, mischief under $5,000, and breach of an undertaking. … On August 29, 2013, he was convicted of that breach and of impaired driving causing bodily harm. … [57] Mr. Willness' next conviction was on November 14, 2019. At that time, he was convicted of mischief and given a suspended sentence and 12 months' probation. … It bears noting that he has one, albeit dated, conviction for a crime of violence.[95] … Given the gravity of the offence he committed, Mr. Willness' degree of moral culpability, and with due consideration of the mitigating and aggravating factors, a CSO would be inconsistent with the fundamental purposes and principles of sentencing.[99] Mr. Willness, taking all of the circumstances into account … I sentence you to five years' imprisonment less time served. … [100] As of December 19, 2023, counsel agreed that you had served 247 days. Since then, you have served an additional 23 days, for a total of 270 days. Giving you credit for time served at time and a half, I calculate that you are entitled to 270 days times 1.5 for a total credit of 405 days served.
  2. R. v. Willness, 2024 BCSC 238 Court decision, Courts of British Columbia

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