Manslaughter
R. v. Kim
Sentence and the Crown's position
What the law allows
Eric Gaon Kim pleaded guilty to manslaughter for his part in a two-on-one knife attack in Vancouver in which the victim, who was retreating, was stabbed to death. The Crown and defence jointly proposed 14 years' imprisonment less credit for presentence custody. Justice Ker accepted the joint submission and imposed 14 years, less 1,704 days' credit, finding it would not bring the administration of justice into disrepute.
In the judge's words
1[84] Having considered the circumstances of this offence, the gravity of it, your role in it, your personal circumstances, the applicable principles of sentencing, the authorities provided, and the careful and comprehensive submissions of counsel, I have concluded that imposing the proposed sentence outlined in the joint submission would not bring the administration of justice into disrepute and is not contrary to the public interest.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 4 prior convictions, 2 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 14 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: B. McCabe, K.C.
Defence: L.D. Myers, K.C., J. Oppal
Sources
- R. v. Kim, 2025 BCSC 1823 Court decision, CanLII, June 16, 2025
[10] In this case, the parties jointly submit that Mr. Kim should be sentenced to 14 years' imprisonment less credit for presentence custody.
[10] In this case, the parties jointly submit that Mr. Kim should be sentenced to 14 years' imprisonment less credit for presentence custody.
[4] The maximum sentence for manslaughter is life imprisonment. There is no minimum sentence.
[2] Eric Gaon Kim is before the Court for sentencing on one count of manslaughter, contrary to s. 236(b) of the Criminal Code, RSC 1985, c. C-46 [Code].
[27] Mr. Kim has a criminal record. … His four convictions relate to two robberies of 7‑Eleven stores. … Both incidents resulted in convictions for robbery and using an imitation firearm in the commission of an offence.
[84] Having considered the circumstances of this offence, the gravity of it, your role in it, your personal circumstances, the applicable principles of sentencing, the authorities provided, and the careful and comprehensive submissions of counsel, I have concluded that imposing the proposed sentence outlined in the joint submission would not bring the administration of justice into disrepute and is not contrary to the public interest.
[85] For the offence of manslaughter contrary to s. 236 of the Code, I sentence you to 14 years' imprisonment. … I have determined that you are entitled to a credit of 1,704 days of presentence custody to be deducted from your sentence. Therefore, taking into account your pretrial custody credit that is to be applied against the 14 years or 5,110‑day sentence, your net or additional sentence will be 3,406 days.
- R. v. Kim, 2025 BCSC 1823 Court decision, Courts of British Columbia