Manslaughter

R. v. MacDonald

Sentence and the Crown's position

Crown asked9 years in custody1
Judge imposed9 years in custody, less 1,526 days credit for remand1

What the law allows

MaximumLife imprisonment
Crown asked9 years in custody
Judge imposed9 years in custody
Defence asked9 years 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.

Stephen Troy MacDonald pleaded guilty to manslaughter for a 2021 home invasion in Glace Bay in which he and a co-accused beat the victim over a drug debt; the victim died of blunt head trauma. The Crown and defence jointly recommended nine years' imprisonment, the same sentence the co-accused received. Justice Duncan accepted the joint recommendation and imposed nine years, less 1,526 days of enhanced credit for time on remand, finding it within the range and noting his rehabilitative progress in custody.

In the judge's words

Having regard to the caselaw, the circumstances of Mr. MacDonald and of the offence he committed, I am satisfied that the proposed sentence does satisfy the legal requirements to accept this joint recommendation. It is in the range of sentences to be a fit and proper disposition. It reflects due consideration to the applicable principles of sentencing and is not contrary to the public interest.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
9 years in custody1
Appeal
Not yet checked
Counsel
Crown: John W. MacDonald, Nina Johnsen
Defence: Peter Mancini, KC

Sources

  1. R. v. MacDonald, 2026 NSSC 126 Court decision, CanLII, May 1, 2026[22] The Crown and Defence have jointly recommended a sentence of 9 years incarceration together with ancillary orders.[22] The Crown and Defence have jointly recommended a sentence of 9 years incarceration together with ancillary orders.[27] There is no minimum sentence for this offence; that is, there may be circumstances where a court would not impose a jail sentence.[1] Stephen Troy MacDonald has entered a plea of guilty to the charge that he did, on or about 18th day of January, 2021, at or near Sydney, Nova Scotia unlawfully kill … and thereby commit manslaughter, contrary to section 236(b) of the Criminal Code.[50] Having regard to the caselaw, the circumstances of Mr. MacDonald and of the offence he committed, I am satisfied that the proposed sentence does satisfy the legal requirements to accept this joint recommendation. It is in the range of sentences to be a fit and proper disposition. It reflects due consideration to the applicable principles of sentencing and is not contrary to the public interest.[54] I sentence Stephen MacDonald to serve a period of 9 years in jail. He has been on remand since July 10, 2023, a total of 1017 days. Pursuant to section 719 the enhanced credit is set at 1526 days, making the go forward sentence 1762 days.
  2. R. v. MacDonald, 2026 NSSC 126 Court decision, Courts of Nova Scotia

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