Manslaughter
R. v. Hutchison
- Below the Crown's ask
- No jail for a violent offence
Sentence and the Crown's position
A conditional sentence is served in the community, usually under house arrest. It counts as no custody here.
What the law allows
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
1On 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.
The record
- Convicted of
- Manslaughter (CC 236)
- 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
- 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.
- R. v. Hutchison, 2024 BCSC 878 Court decision, Courts of British Columbia