Manslaughter

R. v. J.D.S.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown asked3102 days in custody1
Judge imposedEight and a half years in custody, less 1,338 days' credit for pre-sentence custody1

What the law allows

MaximumLife imprisonment
Crown asked3102 days in custody
Judge imposed3102 days in custody
Defence asked3102 days 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.

The offender, charged with second degree murder, pleaded guilty to manslaughter under a negotiated plea. Crown and defence jointly proposed eight and a half years in custody. Justice Weatherill accepted the joint submission and imposed eight and a half years (3,102 days), less 1,338 days' credit for pre-sentence custody, finding it in the range for manslaughter and not contrary to the public interest.

In the judge's words

In the exercise of my duty to the public and based on the background that I have been advised of, based on what led up to the negotiated plea to manslaughter and a joint submission on sentence, and the fact that Crown is suggesting that this proposed sentence is fit and proper, I am satisfied on balance that it is not unfit or contrary to the public interest and will not bring the administration of justice into disrepute.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
3102 days in custody1
Appeal
Not yet checked
Counsel
Crown: A. Ross, T.A. Livingston
Defence: T.D. Anderson, A.J. Lagemaat

Sources

  1. R. v. J.D.S., 2024 BCSC 430 Court decision, CanLII, February 29, 2024[1] THE COURT: So the issue for me is whether the joint submission made by Crown and defence is appropriate. … I do accept that the proposed sentence of eight-and-a-half years is in the range[1] THE COURT: So the issue for me is whether the joint submission made by Crown and defence is appropriate. … I do accept that the proposed sentence of eight-and-a-half years is in the range[5] In the exercise of my duty to the public and based on the background that I have been advised of, based on what led up to the negotiated plea to manslaughter and a joint submission on sentence, and the fact that Crown is suggesting that this proposed sentence is fit and proper, I am satisfied on balance that it is not unfit or contrary to the public interest and will not bring the administration of justice into disrepute.[7] I sentence you to a period of eight-and-one-half years, or 3,102 days, in custody. … With one-and-a-half times credit for time served, that translates into 1,338 days of credit.
  2. R. v. J.D.S., 2024 BCSC 430 Court decision, Courts of British Columbia

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