Manslaughter, Indignity to human remains
R. v. Losch
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Gary Donald Losch was found guilty at trial of manslaughter and interfering with human remains after the victim was found stabbed and buried in a shallow grave near his marihuana grow site in Mission in 2017. The Crown sought 14 years in total; the defence sought six to eight years for manslaughter plus two years consecutive. Justice Dley imposed 10 years for manslaughter and two years consecutive for interfering with the remains, a total of 12 years less 1,280 days of credit, finding the offence closer to murder than to accident and that the aggravating factors outweighed his remorse and difficult upbringing.
In the judge's words
1While Mr. Losch's personal circumstances and genuine remorse provide mitigating factors, they do not overtake the significant aggravating facts. Thus, I must place emphasis on denunciation, deterrence, and protection of the public.
The record
- Convicted of
- Manslaughter (CC 236)
- Indignity to human remains (CC 182(b))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- 8 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.A. MacDonald, K.C., K.R.D. Gillespie
Defence: J.A. Cochrane, S.E. Leamon
Sources
- R. v. Losch, 2025 BCSC 2591 Court decision, CanLII, December 18, 2025
[3] The Crown seeks a jail sentence of 12 years on the manslaughter conviction and two years consecutive for interfering with human remains.
[4] The defence says that the proper sentence should be six to eight years for manslaughter and two years consecutive for interfering with human remains.
[2] Mr. Losch was charged with second degree murder of … and interfering with her remains contrary to ss. 235(1) and 182(b) of the Criminal Code of Canada, R.S.C. 1985, c. C-46 [Criminal Code]. He was found guilty of manslaughter and interfering with human remains.
[64] While Mr. Losch's personal circumstances and genuine remorse provide mitigating factors, they do not overtake the significant aggravating facts. Thus, I must place emphasis on denunciation, deterrence, and protection of the public.
[65] Mr. Losch shall be sentenced to 10 years in prison for manslaughter. He shall serve a further two years in jail consecutive for interfering with a dead body. A total of 12 years is proportionate to the gravity of the offences and Mr. Losch's moral culpability. … [87] THE COURT: All right. Credit will be given for 1,280 days. That will then be deducted from the total of 12 years that I have provided as a sentence.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Losch, 2025 BCSC 2591 Court decision, Courts of British Columbia