R. v. Diabikulu

Sources

1. R. v. Diabikulu, 2026 BCSC 514 Court decision, CanLII, March 5, 2026[2] The Crown and the defence have put forward a joint submission. They both urge me to impose a global sentence of 10-and-a-half years' incarceration less credit for the time he has already served[2] The Crown and the defence have put forward a joint submission. They both urge me to impose a global sentence of 10-and-a-half years' incarceration less credit for the time he has already served[1] THE COURT: Before the Court for sentencing is Ali Shamkhi.[10] The parties have referred me to a number of authorities which they say support the joint submission they have put forward. I agree with them that the proposed sentence is a fit one having regard to those authorities. On that basis, I am accepting the joint submission.[12] I am sentencing you as follows: (1) for the manslaughter count, I am imposing a sentence of eight years' imprisonment; (2) for the count of carrying a concealed weapon, I am imposing a sentence of one-year imprisonment to be served consecutive to the eight-year term that I am imposing for the manslaughter; and (3) for the count of possession of a prohibited weapon, I am imposing a term of two-and-a-half years' imprisonment to run consecutively to the eight-year term I am imposing for the manslaughter count, but concurrent to the one-year term I am imposing for the count relating to the carrying of a concealed weapon. That global custodial sentence is to be reduced to reflect a credit of 930 days for the time you have spent in custody to date.
2. Criminal Code, s. 236 Record, Justice Laws Website
3. R. v. Diabikulu, 2026 BCSC 514 Court decision, Courts of British Columbia