Manslaughter

R. v. Morgan

  • On release at the time

Sentence and the Crown's position

Crown asked1 day in custody1
Judge imposed1 day in jail, served by presence in court1

What the law allows

MaximumLife imprisonment
Crown asked1 day in custody
Judge imposed1 day in custody
Defence asked1 day 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.

James Daniel Morgan pleaded guilty to manslaughter for the 2001 killing of a man at a highway rest area south of Prince George, whom he struck with two hammers. Crown and defence jointly proposed one day in custody; both agreed eight years would have been fit had he been brought back to Canada in 2006, but he is serving a 48-year sentence in Colorado for another homicide. Justice Tindale accepted the joint submission and imposed one day in jail, citing the totality principle, the collateral consequences of the Colorado sentence and his guilty plea.

In the judge's words

Taking into account the principles set out in s. 718 and s. 718.2 of the Criminal Code, as well as the application of the totality principle, the collateral consequences of Mr. Morgan's sentence in the United States, and the mitigating nature of Mr. Morgan's guilty plea, in my view, based on the unique circumstances of this case, a fit sentence for Mr. Morgan today is one day in jail.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On parole1
Defence asked for
1 day in custody1
Appeal
Not yet checked
Counsel
Crown: T.G. Bauman
Defence: J.C. LeBlond, K.C.

Sources

  1. R. v. Morgan, 2026 BCSC 94 Court decision, CanLII, January 9, 2026[2] Both Crown and defence propose a joint submission that Mr. Morgan be sentenced to one day in custody, as well as some ancillary orders.[2] Both Crown and defence propose a joint submission that Mr. Morgan be sentenced to one day in custody, as well as some ancillary orders.[1] THE COURT: James Daniel Morgan has entered a plea of guilty to manslaughter, pursuant to s. 236 of the Criminal Code[4] By way of brief summary, on September 8, 2001, Mr. Morgan, who is a citizen of the United States, had been living in Alaska, and this was in violation of the conditions of his parole in California.[44] Taking into account the principles set out in s. 718 and s. 718.2 of the Criminal Code, as well as the application of the totality principle, the collateral consequences of Mr. Morgan's sentence in the United States, and the mitigating nature of Mr. Morgan's guilty plea, in my view, based on the unique circumstances of this case, a fit sentence for Mr. Morgan today is one day in jail.[45] I accede to the joint submission. Mr. Morgan, if you could stand up, please. I sentence you to one day in jail, which is served by your presence in court here today.
  2. Criminal Code, s. 236 Record, Justice Laws Website
  3. R. v. Morgan, 2026 BCSC 94 Court decision, Courts of British Columbia

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