Manslaughter
R. v. A.M.W.B.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender and a co-offender were convicted by a jury of manslaughter for a bear spray and knife attack on a man in a Nanaimo park in September 2022. The Crown sought eight years for each offender and the defence four to five years. Justice Baird imposed eight years in a federal penitentiary, saying the killing bore a much stronger resemblance to murder than misadventure but that the Crown's recommendation was within an admissible range given the mitigating factors.
In the judge's words
1After giving the matter much consideration, with due regard not only to the aggravating but also to the significant mitigating factors relevant to each offender, I have come round to the view that the Crown's suggested sentence is within an admissible range, and I intend to impose it on each of the two individuals before me equally.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: N. Barber
Defence: G. Ng; S. Head
Sources
- R. v. A.M.W.B., 2025 BCSC 394 Court decision, CanLII, February 19, 2025
[70] As I have just said, the Crown at the end of his submissions, settled on a recommended sentence of 8 years for both offenders.
[67] … counsel has submitted that I should impose a four- to five-year sentence.
[69] … I have considered that he has no prior criminal record, and that he seems to be in the midst of maturing into adulthood and developing some insight into his conduct.
[70] … After giving the matter much consideration, with due regard not only to the aggravating but also to the significant mitigating factors relevant to each offender, I have come round to the view that the Crown's suggested sentence is within an admissible range, and I intend to impose it on each of the two individuals before me equally.
[75] For the manslaughter of … I hereby sentence you to serve eight years in a federal penitentiary.
- R. v. A.M.W.B., 2025 BCSC 394 Court decision, Courts of British Columbia