Manslaughter with a firearm

R. v. Saundry

Sentence and the Crown's position

Crown asked10 years in custody1
Judge imposed10 years' imprisonment, less 1,968 days' credit (1,682 days remaining)1

What the law allows

MaximumLife imprisonment
Crown asked10 years in custody
Judge imposed10 years in custody
Defence asked10 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.

Lynda Elsie Saundry, charged with first degree murder, pleaded guilty during trial to manslaughter after fatally shooting her former domestic partner with a rifle in their shared home. Crown and defence jointly proposed 10 years' imprisonment. Justice Betton adopted the joint submission, imposing 10 years less 1,968 days' credit for pre-trial custody, finding it in keeping with the general range for like offences.

In the judge's words

I cannot say that the joint submission for 10 years is not in keeping with the general range of sentences for like offences and there is nothing in the facts or circumstances that have been placed before me that suggest that general range is inapplicable to this particular offence. In all of the circumstances I find the joint submission is a reasonable one that I should and do adopt.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
10 years in custody1
Appeal
Not yet checked
Counsel
Crown: M.C. Treddenick, J. Park
Defence: D.M. Melville, E.M. Bolger

Sources

  1. R. v. Saundry, 2024 BCSC 904 Court decision, CanLII, March 5, 2024[6] I have for my consideration a joint submission for a total sentence of 10 years incarceration.[6] I have for my consideration a joint submission for a total sentence of 10 years incarceration.[1] THE COURT: Lynda Elsie Saundry had been charged with first degree murder of … She has, after the commencement of the trial and with the consent of the Crown, entered a guilty plea to the offence of manslaughter of …[5] Ms. Saundry has no prior criminal record.[13] … I cannot say that the joint submission for 10 years is not in keeping with the general range of sentences for like offences and there is nothing in the facts or circumstances that have been placed before me that suggest that general range is inapplicable to this particular offence. In all of the circumstances I find the joint submission is a reasonable one that I should and do adopt.[14] And, accordingly, I will indicate that the effective sentence will be 10 years. That is the equivalent of 3,650 days, she will be given credit at the rate of 1.5 days for each day of pre‑trial custody for a total credit of 1,968 days, the balance remaining being 1,682 days.
  2. R. v. Saundry, 2024 BCSC 904 Court decision, Courts of British Columbia

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