Manslaughter
R. v. Evong
- Below the Crown's ask
Sentence and the Crown's position
Crown asked12 years in custody1
Judge imposed12 years reduced to 9 years and 9 months for the guilty plea, less 2,792 days' remand credit1
825 days less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed9 years and 9 months in custody
Defence asked7 years in custody
Joseph Evong pleaded guilty partway through his first-degree murder trial to manslaughter in the 2019 stabbing death of the victim in Sydney. The Crown sought 12 to 13 years in prison and the defence seven years. Justice Arnold found 12 years appropriate, then gave a 27-month discount for the guilty plea, imposing 9 years and 9 months less remand credit, noting the plea was entered as soon as it was available and the Crown's evidence was weak. He declined the Crown's request to delay parole eligibility.
In the judge's words
1Mr. Evong is entitled to a tangible discount on his sentence for accepting responsibility and entering a guilty plea at the earliest opportunity in this case.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 22 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 7 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Kathryn Pentz, Gerald MacDonald and Rochelle Palmer
Defence: Patrick MacEwen and Jennifer MacDonald
Sources
- R. v. Evong, 2024 NSSC 392 Court decision, CanLII, December 12, 2024
[14] The Crown says that Mr. Evong should be sentenced to between 12 and 13 years in prison, less credit for remand time of seven years and 233 days.
[15] The defence says that Mr. Evong should be sentenced to seven years in prison, less remand, which would essentially equal time-served.
[16] Section 236 of the Criminal Code sets out the penalty for manslaughter: … (b) in any other case, to imprisonment for life.
[1] Joseph Evong pleaded guilty to manslaughter in relation to the homicide of …
[32] Mr. Evong has a record featuring 22 convictions from six communities in five provinces.
[41] Mr. Evong is entitled to a tangible discount on his sentence for accepting responsibility and entering a guilty plea at the earliest opportunity in this case.
[50] Considering all of the above, the appropriate disposition for Joseph Evong is 12 years in custody. He will be given a 27-month discount for his guilty plea and therefore his sentence is reduced 9 years and 9 months in custody for the purpose of further calculations. … If he is given 1.5:1 enhanced credit as jointly recommended by Crown and defence, this is equivalent to 2792 days in custody.
- R. v. Evong, 2024 NSSC 392 Court decision, Courts of Nova Scotia