Manslaughter
R. v. Parisian
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Sandy Jack Parisian pleaded guilty on the first day of trial to manslaughter after he and a co-accused, disguised as police officers, entered the home of a 78-year-old woman to rob her; the co-accused beat her and she died of her injuries. The Crown sought eight years' imprisonment and the defence five years. Justice Ker imposed seven years' imprisonment, less 1000.5 days' credit for pre-sentence custody, finding the sentence should be somewhat shorter than the Crown proposed in light of the Gladue factors and his rehabilitative efforts in custody.
In the judge's words
1Given these considerations and all the other relevant factors, I have concluded that the overall sentence should be somewhat shorter than the Crown proposes. However, it also needs to be longer than what the defence has proposed.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Appeal
- Not yet checked
- Counsel
- Crown: J.A. Lawton, J. Zondervan
Defence: A. Picard
Sources
- R. v. Parisian, 2024 BCSC 947 Court decision, CanLII, March 15, 2024
[16] In this case, the Crown contends Mr. Parisian should receive an eight‑year sentence of imprisonment less time served. The defence contends a five‑year sentence less time served is the appropriate disposition.
[12] On July 4, 2023, on the first day of trial, Mr. Parisian entered a guilty plea to the charge of manslaughter in connection with … death. The maximum sentence for manslaughter is life imprisonment. There is no minimum sentence.
[5] On January 26, 2021, … the intruder from January 26, 2021 reattended … residence accompanied by the offender before the Court, Sandy Jack Parisian.
[153] Given these considerations and all the other relevant factors, I have concluded that the overall sentence should be somewhat shorter than the Crown proposes. However, it also needs to be longer than what the defence has proposed.
[154] Mr. Parisian, would you please stand up. For the offence of manslaughter contrary to s. 236(b) of the Code, I sentence you to seven years' imprisonment. I must also factor into that sentence the credit for your pre-sentence custody. As discussed earlier in these reasons, I have determined that you are entitled to a credit of 1000.5 days of pre-sentence custody to be deducted from your sentence.
- R. v. Parisian, 2024 BCSC 947 Court decision, Courts of British Columbia