Manslaughter with a firearm
R. v. Whynder
Sentence and the Crown's position
What the law allows
Ricardo Jerrel Whynder was convicted by a jury of manslaughter in the 2013 shooting death of a man on Africville Road in Halifax. Crown and defence jointly recommended a dangerous offender designation, a total custodial sentence of 14 years and 11 months, and a ten-year long-term supervision order. Justice Arnold designated him a dangerous offender and imposed four years of further custody on top of 3,987 days of remand credit, followed by a ten-year long-term supervision order, finding a reasonable expectation that this lesser measure would protect the public.
In the judge's words
1Between testifying for the Crown, and jointly agreeing to a dangerous offender designation with a ten-year Long Term Supervision order, Mr. Whynder has created a situation for himself whereby he really cannot afford to commit further violent offences.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 5447 days in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Robert Kennedy, Adam McCulley
Defence: Trevor McGuigan
Sources
- R. v. Whynder, 2024 NSSC 196 Court decision, CanLII, June 18, 2024
[11] The Crown and defence jointly recommend the following disposition: … The imposition of a term of four (4) years in custody going forward (for a total custodial sentence of 14 years and 11 months); … a. Total sentence = 3,987 days (pre-trial custody) + 1,460 days (4 years) = 5,447 days
[11] The Crown and defence jointly recommend the following disposition: … The imposition of a term of four (4) years in custody going forward (for a total custodial sentence of 14 years and 11 months); … a. Total sentence = 3,987 days (pre-trial custody) + 1,460 days (4 years) = 5,447 days
[7] Section 236 of the Criminal Code details the broad range of sentences available in relation to a manslaughter conviction, up to life in prison: 236 Every person who commits manslaughter is guilty of an indictable offence and liable (a) where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
[1] Ricardo Jerrel Whynder was charged with the second-degree murder of Matthew Sudds. He was convicted of the included offence of manslaughter by a jury on May 5, 2023.
[50] … Between testifying for the Crown, and jointly agreeing to a dangerous offender designation with a ten-year Long Term Supervision order, Mr. Whynder has created a situation for himself whereby he really cannot afford to commit further violent offences.
a. Total sentence = 3,987 days (pre-trial custody) + 1,460 days (4 years) = 5,447 days … [63] I agree with the joint proposal regarding credit for remand time. … [65] Mr. Whynder is designated a dangerous offender. He is sentenced to four years’ additional custody, which, when combined with his remand time, is equivalent to a custodial sentence of 14 years and 11 months in jail. Following the four years in custody going forward, he will be subject to a ten-year Long Term Supervision Order.
- R. v. Whynder, 2024 NSSC 196 Court decision, Courts of Nova Scotia