Manslaughter, Indignity to human remains

R. v. Keyler

Sentence and the Crown's position

Crown asked11 years in custody1
Judge imposedDangerous offender: 11 years (4,015 days) less 2,130 days credit, 2 years concurrent, then 10-year long-term supervision order1

What the law allows

MaximumLife imprisonment
Crown asked11 years in custody
Judge imposed11 years in custody
Defence asked11 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.

John Wendell Keyler was found guilty after trial of manslaughter and indignity to human remains in the stabbing death of his common-law partner. On a joint submission, Justice Tindale designated him a dangerous offender and imposed 11 years in custody (4,015 days) less 2,130 days of pretrial credit, with two years concurrent on the second count, followed by a 10-year long-term supervision order. The judge found a reasonable expectation that treatment and supervision would eventually control his risk in the community.

In the judge's words

I find that the protection of the public requires the accused to be subject to external controls for a very extensive period of time. In my view, the imposition of a determinate sentence followed by the maximum long-term supervision order will allow the accused's behaviour to be managed during his reintegration into society.

1

The record

Convicted of
Prior convictions
62 prior convictions1
At the time of the offence
Not stated1
Defence asked for
11 years in custody1
Appeal
Not yet checked
Counsel
Crown: A. Norlund
Defence: N. Wright

Sources

  1. R. v. Keyler, 2024 BCSC 2463 Court decision, CanLII, December 12, 2024[68] Both parties submit that a sentence of 11 years in custody less time served would be a fit sentence for the manslaughter conviction and two years concurrent for the indignity to human remains conviction.[68] Both parties submit that a sentence of 11 years in custody less time served would be a fit sentence for the manslaughter conviction and two years concurrent for the indignity to human remains conviction.[1] THE COURT: On January 10, 2023, after a trial, John Wendell Keyler was found guilty of the following offences by Mr. Justice Williams:[13] Mr. Keyler has an unenviable record which is comprised of 62 convictions spanning from April 2004 until the present.[77] I find that the protection of the public requires the accused to be subject to external controls for a very extensive period of time. In my view, the imposition of a determinate sentence followed by the maximum long-term supervision order will allow the accused's behaviour to be managed during his reintegration into society.[81] For Count 1, the manslaughter conviction, I sentence you to 4,015 days in custody less enhanced pretrial custody credit of 2,130 days, leaving a remaining sentence of 1,885 days to be served. I further sentence you to two years in jail for Count 2, the indignity to human remains conviction, and that sentence is to be served concurrently with the sentence for manslaughter. [82] I further order that you be subject to a long-term supervision order for a period of 10 years following your jail sentence.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Keyler, 2024 BCSC 2463 Court decision, Courts of British Columbia

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