Manslaughter with a firearm
R. v. Dittmer
Sentence and the Crown's position
Crown asked4 years in custody1
Judge imposedFour years' imprisonment (mandatory minimum), less 20 days' pre-sentence credit, leaving 1,440 days1
What the law allows
MaximumLife imprisonment
Crown asked4 years in custody
Judge imposed4 years in custody
Defence asked4 years in custody
Minimum4 years
Samantha Jesselynn Dittmer was charged with second degree murder in the shooting death of her adult son at her home in Port Alberni, and a jury found her guilty of manslaughter. The Crown and defence jointly proposed four years' imprisonment, the mandatory minimum for manslaughter with a firearm. Justice Fleming imposed four years, with 20 days' credit for pre-sentence custody, giving meaningful weight to restraint because she was a first-time offender.
In the judge's words
1Given that she is a first‑time offender the objective of restraint must be given meaningful weight in this case.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: G.W. Baines
Defence: B. Coleman, K.C., R. Allain
Sources
- R. v. Dittmer, 2024 BCSC 426 Court decision, CanLII, February 16, 2024
[6] They are also in agreement about an appropriate sentence, proposing that Ms. Dittmer be sentenced to four years' imprisonment, which is the mandatory minimum sentence for manslaughter committed with the use of a firearm
[6] They are also in agreement about an appropriate sentence, proposing that Ms. Dittmer be sentenced to four years' imprisonment, which is the mandatory minimum sentence for manslaughter committed with the use of a firearm
[52] Turning to the legal framework, as I have said, the offence of manslaughter involving the use of a firearm carries a minimum sentence of four years' imprisonment.
[2] Samantha Dittmer was charged with second degree murder in relation to the death of her adult son, …
[76] I accept the mitigating factors include: Ms. Dittmer's lack of criminal record and her mental and physical health.
[83] Given that she is a first‑time offender the objective of restraint must be given meaningful weight in this case.
[86] … I find the proposed sentence of four years imprisonment, which is the minimum sentence for the offence you have committed, is proportionate. … [87] Giving you credit of 20 days for the 13 days you spent in pre-sentence custody, I sentence you to a term of imprisonment of 1,440 days.
- R. v. Dittmer, 2024 BCSC 426 Court decision, Courts of British Columbia