Manslaughter with a firearm
R. v. McCook
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Brent Angus McCook was found guilty of manslaughter after unlawfully discharging a firearm that killed his spouse. The Crown sought 16 years' imprisonment; Justice Sukstorf imposed six years and nine months, leaving 724 days to serve after credit for pre-sentence custody, followed by three years of probation. The judge cited Indigenous sentencing factors and a community reintegration plan from the Kwadacha Nation as justifying a modest departure below the seven-year range.
In the judge's words
1In these circumstances, a modest downward adjustment to the lower end of the applicable range is justified. This adjustment reflects the significant Indigenous Sentencing Factors, the structured and evidence-based reintegration plan advanced by the Kwadacha Nation, and Mr. McCook's demonstrated prospects for rehabilitation.
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
- 5 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: R.J. Climie, A. Dawson
Defence: L.J. Helps
Sources
- R. v. McCook, 2026 BCSC 591 Court decision, CanLII, March 30, 2026
[46] The Crown submits that this offence approaches the upper end of the spectrum for manslaughter involving a firearm. … The Crown seeks a sentence of 16 years' imprisonment, less credit for pre-trial custody at the enhanced rate of 1.5 to 1.
[47] The defence submits that a fit sentence is an aggregate term of five years' imprisonment, less credit for time served, resulting in a sentence that would allow Mr. McCook to transition in a timely way to the structured community reintegration plan proposed by the Kwadacha Nation.
[2] Brent Angus McCook was found guilty of manslaughter arising from the unlawful discharge of a firearm that caused the death of his spouse, Rochelle Poole.
[45] Mr. McCook has no prior criminal record.
[191] In these circumstances, a modest downward adjustment to the lower end of the applicable range is justified. This adjustment reflects the significant Indigenous Sentencing Factors, the structured and evidence-based reintegration plan advanced by the Kwadacha Nation, and Mr. McCook's demonstrated prospects for rehabilitation.
[201] For clarity, the calculation is as follows: a) total sentence imposed: 6 years, 9 months imprisonment (or 2,467 days); b) actual pre-sentence custody: 1,162 days; c) credit under s. 719(3.1): 1,743 days; and d) remaining custodial sentence: 724 days (Under two years). … [239] For the reasons I have given, Mr. McCook is sentenced to six years, nine months imprisonment for the offence of manslaughter. Following the custodial portion of that sentence, he will be subject to a probation order for a period of three years on the terms set out above.
- R. v. McCook, 2026 BCSC 591 Court decision, Courts of British Columbia