Manslaughter

R. v. Keita

Sentence and the Crown's position

Crown asked6 years in custody1
Judge imposed6 years in custody, less 75 days credit for pre-sentence custody1

What the law allows

MaximumLife imprisonment
Crown asked6 years in custody
Judge imposed6 years in custody
Defence asked6 years 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.

Ousmane Keita pleaded guilty to manslaughter for a 2023 home invasion in Burnaby, planned to steal firearms, in which the victim was fatally stabbed while Mr. Keita held him down. The Crown and defence jointly proposed six years in custody. Justice Laurie accepted the joint submission and imposed six years, less 75 days of credit for pre-sentence custody, finding it within the range for home-invasion manslaughter and consistent with the sentences of the co-accused.

In the judge's words

The proposed sentence recognizes the gravity of the offence and the mitigating circumstances of the offender including the application of the factors discussed in Stone. The proposed sentence is also within the sentencing range established by the Court of Appeal in Peynado. Further, it respects the principle of parity when viewed in the context of sentences imposed on the co-accused, Mr. Usman and Mr. Shamkhi.

1

The record

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

Sources

  1. R. v. Keita, 2026 BCSC 1296 Court decision, CanLII, June 12, 2026[2] The Crown and defence jointly submit that a period of incarceration of six years is an appropriate sentence with credit for the pre-sentence custodial time.[2] The Crown and defence jointly submit that a period of incarceration of six years is an appropriate sentence with credit for the pre-sentence custodial time.[1] THE COURT: The accused, Ousmane Keita, has entered a guilty plea to a single count of manslaughter under s. 236(b) of the Criminal Code.[10] With respect to the circumstances of the offender, I am advised that Mr. Keita is 22 years old. He was 19 at the time of the offence. He does not have a prior criminal record.[37] The proposed sentence recognizes the gravity of the offence and the mitigating circumstances of the offender including the application of the factors discussed in Stone. The proposed sentence is also within the sentencing range established by the Court of Appeal in Peynado. Further, it respects the principle of parity when viewed in the context of sentences imposed on the co-accused, Mr. Usman and Mr. Shamkhi.[43] On Count 1 of the indictment, I impose a custodial sentence of six years. You will receive credit for the pre-sentence custodial time that you have served before your release on bail, which I understand is 50 actual days. With enhanced credit, the total credit for pre-sentence custodial time is 75 days.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Keita, 2026 BCSC 1296 Court decision, Courts of British Columbia

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