Manslaughter with a firearm
R. v. Cole
- Below the Crown's ask
Sentence and the Crown's position
Crown asked6 years in custody1
Judge imposed5 years in custody; no pre-sentence custody credit1
1 year less custody than the Crown asked
What the law allows
MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed5 years in custody
Defence asked4 years in custody
Minimum4 years
Lona Cole was found guilty after trial of manslaughter with a firearm for shooting her intimate partner with a rifle at his home in Quesnel; she was acquitted of second degree murder. The Crown sought six years; the defence sought the four-year mandatory minimum. Justice Church imposed five years' imprisonment, finding that Ms. Cole deliberately pulled the trigger and recognized the danger, but that her intoxication and Gladue factors reduced her moral blameworthiness.
In the judge's words
1I have therefore concluded that, in all of the circumstances, a sentence of five years' imprisonment for a manslaughter with a firearm is a fit and appropriate sentence.
The record
- Convicted of
- Manslaughter with a firearm (CC 236(a))
- 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: J.C. Johnston
Defence: Michael A. Patterson, Monique A. Patterson
Sources
- R. v. Cole, 2026 BCSC 1035 Court decision, CanLII, April 9, 2026
[27] Crown counsel submits that a fit and proportionate sentence in this case is six years' imprisonment.
[28] Defence counsel relied on some of the same case authorities in support of his submission that a fit and proportionate sentence in this case is the mandatory minimum sentence of four years' imprisonment.
[1] THE COURT: … Lona Cole, his intimate partner, who resided with him at his rural residence in Quesnel, was charged with second degree murder.
[5] Ms. Cole is now 53 years of age. At the time of the offence, she was 47 years of age and did not have a criminal record.
[55] I have therefore concluded that, in all of the circumstances, a sentence of five years' imprisonment for a manslaughter with a firearm is a fit and appropriate sentence.
[56] Ms. Cole, would you please stand? For the offence of manslaughter with a firearm contrary to s. 236(a) of the Criminal Code, I sentence you to five years' imprisonment. … [57] I have not been advised of any pre-sentence custody that must be credited. I do not know if there is any. … [58] CNSL MICHAEL PATTERSON: There is none.
- R. v. Cole, 2026 BCSC 1035 Court decision, Courts of British Columbia