Manslaughter with a firearm

R. v. Whynder

Sentence and the Crown's position

Crown asked5447 days in custody1
Judge imposedDangerous offender designation; 14 years 11 months total (5,447 days) less 3,987 days remand credit, 4 years going forward, then 10-year long-term supervision order1

What the law allows

MaximumLife imprisonment
Crown asked5447 days in custody
Judge imposed5447 days in custody
Defence asked5447 days 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.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. Whynder, 2024 NSSC 196 Court decision, Courts of Nova Scotia

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