R. v. Penner

R. v. Penner

Weighing the gravity of the offence, the offender's personal characteristics, the particular circumstances (a sober, voluntary decision to check a semiautomatic rifle without removing the magazine or engaging the safety, in proximity to others, resulting in death), and sentencing objectives, the four year mandatory...

Source-derived case information.

Citation
2017 BCSC 1688
Parties
Respondent (crown): Regina; Accused / Applicant: Kayne Sabbe Penner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 September 2017
Procedural Posture
Criminal Manslaughter (s.236(a)) / Sentencing and S.12 Charter Application (post Conviction)
Outcome
Application dismissed; s.236(a) upheld as not violating s.12 as applied to Mr. Penner; sentence imposed
Legal Topics
Mandatory Minimum Sentences, Section 12 Charter (cruel and Unusual), Manslaughter With a Firearm, Careless Use of a Firearm, Sentencing Principles
Source Language
english
Criminal Law Constitutional Law Sentencing Law Mandatory Minimum Sentences Section 12 Charter (cruel and Unusual) Manslaughter With a Firearm Careless Use of a Firearm Sentencing Principles

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Parties

Regina

Respondent (crown)

Kayne Sabbe Penner

Accused / Applicant

Procedural Posture

Criminal Manslaughter (s.236(a)) / Sentencing and S.12 Charter Application (post Conviction)

Legal Issues

  1. 1 Whether the four year mandatory minimum in s.236(a) of the Criminal Code constitutes cruel and unusual punishment under s.12 of the Charter as applied to Mr. Penner
  2. 2 What is a fit sentence absent the mandatory minimum
  3. 3 Assessment of offender's moral culpability and relevant mitigating/aggravating factors

Ratio Decidendi

Weighing the gravity of the offence, the offender's personal characteristics, the particular circumstances (a sober, voluntary decision to check a semiautomatic rifle without removing the magazine or engaging the safety, in proximity to others, resulting in death), and sentencing objectives, the four year mandatory minimum is not grossly disproportionate as applied to Mr. Penner; therefore s.236(a) did not violate s.12 in his case and a four year custodial sentence was imposed.

Court Disposition

Application dismissed; s.236(a) upheld as not violating s.12 as applied to Mr. Penner; sentence imposed

Orders

  • Count one (unlawful act manslaughter with a firearm): custody for four years
  • Count two (careless use of a firearm): stayed (Kineapple principle)