Manslaughter
R. v. C.S.M.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
What the law allows
The offender pleaded guilty to manslaughter after pushing the victim, who fell onto a knife she was holding; he then hid and buried her body. The Crown and defence jointly proposed two years and 99 days of imprisonment, less 99 days of credit. Justice Layton accepted the joint submission and imposed two years' imprisonment after credit, citing the early guilty plea by which the offender gave up a very strong s. 11(b) delay application and other triable issues.
In the judge's words
1Bearing these aggravating and mitigating factors in mind, and in particular the early guilty plea pursuant to which Mr. … relinquished the right to contest numerous important triable issues, including a very strong s 11(b) application, I have no difficulty in concluding that this is one of those cases where the circumstances justify a sentence below the range of four to fifteen years' imprisonment.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 2 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 829 days in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: S.H. Quendack, K. Marino
Defence: C.L. Senini
Sources
- R. v. C.S.M., 2026 BCSC 1770 Court decision, CanLII, September 15, 2026
[2] The Crown and defence have made a joint submission that the appropriate sentence is imprisonment for two years and 99 days, less credit of 99 days for time already served, plus several ancillary orders that I will describe at the end of these reasons.
[2] The Crown and defence have made a joint submission that the appropriate sentence is imprisonment for two years and 99 days, less credit of 99 days for time already served, plus several ancillary orders that I will describe at the end of these reasons.
[45] Pursuant to s 236 of the Criminal Code, the maximum sentence for manslaughter is life imprisonment, but absent the use of a firearm the range spans from a suspended sentence to life imprisonment.
[39] Mr. … has a criminal record from 2013 for breaking and entering with intent to commit, contrary to s 348(1)(b) of the Criminal Code, and possession of break-in instruments, contrary to s 351(1) of the Criminal Code.
[80] Bearing these aggravating and mitigating factors in mind, and in particular the early guilty plea pursuant to which Mr. … relinquished the right to contest numerous important triable issues, including a very strong s 11(b) application, I have no difficulty in concluding that this is one of those cases where the circumstances justify a sentence below the range of four to fifteen years' imprisonment.
[86] For the offence of manslaughter, I sentence you to two years' imprisonment, after deducting a credit of 99 days for time spent in pre-sentence custody.
- R. v. C.S.M., 2026 BCSC 1770 Court decision, Courts of British Columbia