Manslaughter

R. v. Scott

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked79 months in custody1
Judge imposed6 years' imprisonment less credit for pre-sentence custody (539 days left to serve), then 3 years' probation1
6 months less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked79 months in custody
Judge imposed6 years in custody
Defence asked4 years and 6 months in custody
For manslaughter (CC 236), the Criminal Code currently allows up to life imprisonment, with no mandatory minimum. Life is drawn at 25 years for scale. Read the section.

Lindsay Mae Scott was acquitted by a jury of second-degree murder but convicted of manslaughter for fatally stabbing a stranger once in the chest on a downtown Vancouver sidewalk in July 2022. The Crown sought six-and-a-half years and the defence four-and-a-half years, each followed by three years of probation. Justice Verhoeven imposed six years' imprisonment before credit for pre-sentence custody, leaving 539 days to serve, followed by three years of probation, finding her moral blameworthiness reduced by mental illness and drug intoxication but that denunciation and general deterrence were the primary objectives.

In the judge's words

Here, the offence is very grave. The life of an innocent young man was senselessly taken, by a violent attack in a public place. In my view, denunciation and general deterrence are the primary sentencing objectives in this case.

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
4 years and 6 months in custody1
Appeal
Not yet checked
Counsel
Crown: B. McCabe, K.C.
Defence: J. Turner

Sources

  1. R. v. Scott, 2025 BCSC 1495 Court decision, CanLII, July 24, 2025[106] As noted, the Crown submits that in all the circumstances of the case, an appropriate sentence would be a period of incarceration of six-and-a-half years, less pretrial custody of approximately 4.5 years, with the addition of three years probation[107] … the defence submits that an appropriate sentence would be four-and-a-half years in custody which, after credit, has already been served, together with three years probation, as the Crown suggests.[1] Lindsay Mae Scott is before the Court for sentencing with respect to her conviction for the manslaughter of[70] … She has no criminal record.[129] … Here, the offence is very grave. The life of an innocent young man was senselessly taken, by a violent attack in a public place. In my view, denunciation and general deterrence are the primary sentencing objectives in this case.[138] Lindsay Scott, for the crime of manslaughter, in relation to the killing of … I sentence you to a term of imprisonment of six years, before consideration of credit for pre-sentence custody. … [146] After allowing for credit for time served, the remaining time to be served in custody is 539 days, or in other words, one year and 174 days.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Scott, 2025 BCSC 1495 Court decision, Courts of British Columbia

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