Manslaughter

R. v. Hutchison

  • Below the Crown's ask
  • No jail for a violent offence

Sentence and the Crown's position

Crown asked5 years in custody1
Judge imposed18 months conditional sentence (curfew, 120 hours community service)1
5 years less custody than the Crown asked

A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.

What the law allows

MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed18 months conditional sentence
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.

Jack Cruthers Hutchison, a campus security guard, was found guilty after trial of manslaughter for holding the victim in a headlock during a struggle on a university campus in 2018; the victim died in hospital. The Crown sought five years of incarceration, and the defence sought a conditional sentence or a suspended sentence. Justice Murray imposed an 18-month conditional sentence, finding his moral blameworthiness on the lower end of the scale and that he acted in the heat of the moment to protect himself and others.

In the judge's words

On the one hand, it is difficult to comprehend that a man could cause another man to lose his life and not go to jail. But on the other hand, I find that Mr. Hutchison acted in the heat of the moment, motivated only to protect himself and others as was his duty as a security guard.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Appeal
Not yet checked
Counsel
Crown: J. Baharustani, A.J. Bonfield
Defence: P.S. McMurray

Sources

  1. R. v. Hutchison, 2024 BCSC 878 Court decision, CanLII, May 17, 2024[2] The Crown seeks a sentence of five years incarceration.[30] The statutory range of sentences for manslaughter is the widest possible, with no minimum sentence and a maximum of life in prison.[1] On April 26, 2024, I found Mr. Hutchison guilty of manslaughter. This is his sentencing.[21] Third, Mr. Hutchison has no criminal record.[32] This is a very challenging sentencing. On the one hand, it is difficult to comprehend that a man could cause another man to lose his life and not go to jail. But on the other hand, I find that Mr. Hutchison acted in the heat of the moment, motivated only to protect himself and others as was his duty as a security guard.[45] Mr. Hutchison, stand up please. I sentence you to 18 months imprisonment to be served in the community.
  2. R. v. Hutchison, 2024 BCSC 878 Court decision, Courts of British Columbia

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