Manslaughter

R. v. Isnardy

Sentence and the Crown's position

Crown asked2 years in custody1
Judge imposed2 years in custody, then 3 years probation1

What the law allows

MaximumLife imprisonment
Crown asked2 years in custody
Judge imposed2 years in custody
Defence asked2 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.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Isnardy, 2024 BCSC 2386 Court decision, Courts of British Columbia

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