Manslaughter with a firearm

R. v. Scott

Sentence and the Crown's position

Crown asked8 years in custody1
Judge imposedEight years in custody, less 1,121 days' credit for pre-sentence custody (four years and 340 days remaining)1

What the law allows

MaximumLife imprisonment
Crown asked8 years in custody
Judge imposed8 years in custody
Defence asked8 years in custody
Minimum4 years
For manslaughter with a firearm (CC 236(a)), the Criminal Code currently allows up to life imprisonment, with a mandatory minimum of 4 years. Life is drawn at 25 years for scale. Read the section.

Darren Scott pleaded guilty to manslaughter with a firearm after shooting a man once in the chest over a drug debt; he had originally been charged with second degree murder. Crown and defence jointly proposed eight years' imprisonment. Justice Norell accepted the joint submission and imposed eight years, less 1,121 days' credit for pre-sentence custody, finding it within the range for the offence and reflective of the paramount need for deterrence and denunciation.

In the judge's words

I am satisfied that the joint submission is within the range articulated by the case law for this offence with similar circumstances. The proposed sentence properly reflects the paramount principle of deterrence and denunciation which is required as a result of the gravity and high moral culpability of this offence, the impact of the offence, and both the aggravating and mitigating factors present in this case.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
8 years in custody1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: L.J. Kenworthy, K.C., E.C. Kohno
Defence: J.B. Turner

Sources

  1. R. v. Scott, 2024 BCSC 716 Court decision, CanLII, April 17, 2024[2] The Crown and defence counsel made a joint submission that a fit and appropriate sentence is eight years jail time, less time served for pre‑sentence custody.[2] The Crown and defence counsel made a joint submission that a fit and appropriate sentence is eight years jail time, less time served for pre‑sentence custody.[30] I turn now to the sentencing range for manslaughter with a firearm. Pursuant to s. 236(a) of the Code, the offence carries a mandatory sentence of four years imprisonment and a maximum sentence of life imprisonment.[1] THE COURT: On February 1, 2024, Darren Scott entered a guilty plea to manslaughter with a firearm of Christopher Hartl on April 1, 2022, contrary to s. 236(a) of the Criminal Code.[41] I am satisfied that the joint submission is within the range articulated by the case law for this offence with similar circumstances. The proposed sentence properly reflects the paramount principle of deterrence and denunciation which is required as a result of the gravity and high moral culpability of this offence, the impact of the offence, and both the aggravating and mitigating factors present in this case.[43] On the charge of the included offence of manslaughter by firearm, contrary to s. 236(a) of the Criminal Code, to which you have pled guilty, I sentence you to eight years imprisonment. However, I must also factor into that sentence the credit for your pre‑sentence custody. That is 747 days from April 1, 2022, to today. With enhanced credit of 1.5 days per one, the total credit is 1,121 days. Therefore, the sentence imposed is a sentence of four years and 340 days in jail, which is in addition to the time you have already spent in custody.
  2. R. v. Scott, 2024 BCSC 716 Court decision, Courts of British Columbia

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