Manslaughter
R. v. M.S.H.
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 imposed6 years' imprisonment (2,190 days), less 248 days' credit for pre-trial custody1
6 years less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed6 years in custody
Defence asked5 years in custody
The offender pleaded guilty to manslaughter as a party, having sent an associate in the drug trade to confront a man in Surrey over a drug debt; the associate stabbed the man to death. The Crown sought 12 years' imprisonment and the defence five years. Justice Devlin imposed 6 years' imprisonment less 248 days' credit, finding that the offender instigated the confrontation but did not intend the death or know the associate was armed, and that his prospects for rehabilitation were promising.
In the judge's words
1As I have stated, deterrence and denunciation are of paramount importance in this case. However, the prospect of rehabilitation cannot be overlooked when crafting an appropriate sentence.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: C.A. McPherson, K.C.
Defence: R.C.C. Peck, K.C.
Sources
- R. v. M.S.H., 2024 BCSC 366 Court decision, CanLII, February 29, 2024
[38] The Crown submits that a sentence of 12 years' imprisonment is fit and appropriate in the circumstances, in light of a number of aggravating factors.
[41] The defence position is that a sentence of five years is appropriate.
[34] … does not have a criminal record, although he has been involved in the justice system.
[80] As I have stated, deterrence and denunciation are of paramount importance in this case. However, the prospect of rehabilitation cannot be overlooked when crafting an appropriate sentence.
[88] On the charge of manslaughter in the death of … I sentence you to 6 years' imprisonment, or 2,190 days. … [89] I must also factor into that sentence the credit for your pre-trial custody. I have determined that you are entitled to credit for 165 days in custody. A rate of 1.5:1 yields a total credit of 248 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. M.S.H., 2024 BCSC 366 Court decision, Courts of British Columbia