Manslaughter with a firearm
R. v. Saundry
Sentence and the Crown's position
What the law allows
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
1I 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.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- 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
- 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.
- R. v. Saundry, 2024 BCSC 904 Court decision, Courts of British Columbia