Manslaughter with a firearm

R. v. McCook

  • Below the Crown's ask

Sentence and the Crown's position

Crown asked16 years in custody1
Judge imposed6 years 9 months' imprisonment less 1,743 days' credit (724 days remaining), then 3 years probation1
3373 days less custody than the Crown asked

What the law allows

MaximumLife imprisonment
Crown asked16 years in custody
Judge imposed2467 days in custody
Defence asked5 years in custody
Minimum4 years
For manslaughter with a firearm (CC 236(a)), the Criminal Code currently allows up to life imprisonment, with a mandatory minimum of 4 years. Life is drawn at 25 years for scale. Read the section.

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

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.

1

The record

Convicted of
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

  1. 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.
  2. R. v. McCook, 2026 BCSC 591 Court decision, Courts of British Columbia

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