Manslaughter
R. v. Anderson
- Below the Crown's ask
Sentence and the Crown's position
Crown asked7 years and 6 months in custody1
Judge imposed6.5 years imprisonment, less 809 days' credit for 539 days in custody1
1 year less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked7 years and 6 months in custody
Judge imposed79 months in custody
Joel Aaron Thomas Anderson, charged with second degree murder, was convicted of manslaughter after kicking and stomping a 78-year-old stranger in Trail, who died about a month later. The Crown sought 7.5 to 10 years; the defence sought the high end of provincial or the low end of federal time. Justice Crossin imposed 6.5 years' imprisonment less credit for 539 days in custody, finding moral blameworthiness in the higher range though attenuated by his drug-induced delusion, mental illness and Indigenous background.
In the judge's words
1The moral blameworthiness in the case at bar, while attenuated somewhat given his state, is still in the higher range.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: A. Mayes
Defence: J. Heller
Sources
- R. v. Anderson, 2024 BCSC 545 Court decision, CanLII, March 26, 2024
[34] The Crown submits a sentence in and around the range of 7.5-10 years is the appropriate sentence in the circumstances.
[2] These reasons concern the sentencing of Mr. Anderson for the crime of manslaughter.
[67] In my view these comments have application to the case at bar. The moral blameworthiness in the case at bar, while attenuated somewhat given his state, is still in the higher range.
[87] Please stand Mr. Anderson, for the offence of manslaughter I sentence you to 6.5 years imprisonment. You have been in custody 539 days. Therefore I assign credit of 1.5-1 bringing that custody to 809 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Anderson, 2024 BCSC 545 Court decision, Courts of British Columbia