Manslaughter with a firearm
R. v. Scott
Sentence and the Crown's position
What the law allows
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
1I 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.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- 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
- 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.
- R. v. Scott, 2024 BCSC 716 Court decision, Courts of British Columbia