Manslaughter with a firearm
R. v. Whynder-Ewing
Sentence and the Crown's position
Crown asked5 years in custody1
Judge imposed6 years reduced to 5 years for harsh remand and bail conditions and race and culture, less 24 months' credit for 16 months in custody; 3 years remaining1
What the law allows
MaximumLife imprisonment
Crown asked5 years in custody
Judge imposed5 years in custody
Defence asked5 years in custody
Minimum4 years
Tyreece Alexander Whynder-Ewing pleaded guilty to manslaughter partway through his jury trial for second degree murder, after he shot a man five times at a birthday party in Dartmouth in November 2021 when the man punched him and gestured towards his waist. Crown and defence jointly proposed six years reduced to five for harsh remand and bail conditions and race and culture, less 24 months' credit. Justice Keith accepted the joint submission, finding it sufficiently connected to the range of acceptable sentences, leaving a three-year go-forward sentence.
In the judge's words
1Given the facts, the joint submission is sufficiently connected to the range of acceptable sentences as to not offend the “public interest” test described above.
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
- 5 years in custody1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Robert Kennedy and Scott Morrison
Defence: Christopher A. Avery
Sources
- R. v. Whynder-Ewing, 2024 NSSC 217 Court decision, CanLII, July 23, 2024
The Crown and Mr. Whynder-Ewing would make the following joint submission on sentence: … Six (6) years reduced by one (1) year to take into account the impact of harsh remand conditions and onerous bail conditions which Mr. Whynder-Ewing endured and, to an extent, the mitigating impact of race and culture on Mr. Wynder-Ewing as an African-Nova Scotian;
The Crown and Mr. Whynder-Ewing would make the following joint submission on sentence: … Six (6) years reduced by one (1) year to take into account the impact of harsh remand conditions and onerous bail conditions which Mr. Whynder-Ewing endured and, to an extent, the mitigating impact of race and culture on Mr. Wynder-Ewing as an African-Nova Scotian;
The range of potential sentences (4 years to life) for manslaughter using a firearm is obviously broad but is necessarily broad.
[1] By Indictment dated October 4, 2022, Tyreece Alexander Whynder-Ewing was charged with second-degree murder in the shooting death of …
[13] Given the facts, the joint submission is sufficiently connected to the range of acceptable sentences as to not offend the “public interest” test described above.
Six (6) years in total but reduced by one (1) year to five (5) years, taking into account the impact of harsh remand conditions and onerous bail conditions which Mr. Whynder-Ewing endured and, to an extent, the mitigating impact of race and culture on Mr. Whynder-Ewing as an African-Nova Scotian; … In this case, the parties agree that Mr. Whynder-Ewing was in custody for 16 months and is entitled to apply a 1.5 multiplier, resulting in the proposed 24-month credit; … Overall, there will be a 3-year go-forward custodial sentence.
- R. v. Whynder-Ewing, 2024 NSSC 217 Court decision, Courts of Nova Scotia