Manslaughter
R. v. Isnardy
Sentence and the Crown's position
What the law allows
Marlena Mellissa Isnardy pleaded guilty to manslaughter for stabbing her common-law partner, causing his death. Crown and defence made a joint submission, which Justice Milman accepted, imposing two years' incarceration followed by three years' probation. The judge noted her Gladue background, her guilty plea and remorse, her sobriety and community work since the offence, and relied on a Court of Appeal decision upholding a two-year sentence for an Aboriginal offender who killed her common-law spouse.
In the judge's words
1I have found further support for the joint submission in R. v. Auckland, 2018 BCCA 171, in which the Court of Appeal upheld a two‑year sentence for manslaughter after the Aboriginal offender in that case pled guilty to manslaughter in connection with the killing of her common-law spouse.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 1 prior conviction1
- At the time of the offence
- Not stated1
- Defence asked for
- 2 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D.F. Grabavac
Defence: C.S. Johnson, K.C.
Sources
- R. v. Isnardy, 2024 BCSC 2386 Court decision, CanLII, November 22, 2024
[2] The Crown and defence have put forward a joint submission on sentence. For the reasons that follow, I accept the joint submission and am imposing the sentence proposed by counsel. … [23] Ms. Isnardy, please rise. I am sentencing you to a period of two years' incarceration followed by a period of three years' probation.
[2] The Crown and defence have put forward a joint submission on sentence. For the reasons that follow, I accept the joint submission and am imposing the sentence proposed by counsel. … [23] Ms. Isnardy, please rise. I am sentencing you to a period of two years' incarceration followed by a period of three years' probation.
[18] Pursuant to s. 236 of the Criminal Code, the maximum sentence for the offence of manslaughter is life imprisonment. There is no mandatory minimum sentence.
[1] THE COURT: Before the Court for sentencing is Marlena Mellissa Isnardy.
[13] Ms. Isnardy has a minor dated and unrelated criminal record involving a single instance of theft under $5,000 which, I agree with counsel, does not weigh heavily against her, particularly given her progress towards rehabilitation more recently.
[21] I have found further support for the joint submission in R. v. Auckland, 2018 BCCA 171, in which the Court of Appeal upheld a two‑year sentence for manslaughter after the Aboriginal offender in that case pled guilty to manslaughter in connection with the killing of her common-law spouse.
[23] Ms. Isnardy, please rise. I am sentencing you to a period of two years' incarceration followed by a period of three years' probation.
- R. v. Isnardy, 2024 BCSC 2386 Court decision, Courts of British Columbia