R. v. McKenzie

R. v. McKenzie

A custodial sentence balancing denunciation, general and specific deterrence and rehabilitation was required given the extreme and repeated violence, spousal context and presence of the child; mitigation (guilty plea, remorse, psychiatric report indicating treatable risks and strong community support) and 30 months pre-trial custody credit warranted a sentence of six years and six months imprisonment with ancillary DNA and firearms orders.

Citation
2009 BCSC 1820
Parties
Crown: Regina; Accused: Kelly David McKenzie
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
18 December 2009
Procedural Posture
Criminal Manslaughter / Sentencing (oral Reasons for Sentence)
Outcome
Accused sentenced to imprisonment for six years and six months after credit for pre-trial custody; ancillary orders made for DNA sampling and lifelong firearms prohibition.
Legal Topics
Manslaughter, Sentencing Principles, Aggravating and Mitigating Factors, Pre Trial Custody Credit, DNA and Forensic Sampling, Firearms Prohibition
Source Language
English
Criminal Law Sentencing Domestic Violence Forensic Psychiatry Manslaughter Sentencing Principles Aggravating and Mitigating Factors Pre Trial Custody Credit +2 more

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Parties

Regina

Crown

Kelly David McKenzie

Accused

Procedural Posture

Criminal Manslaughter / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate custodial sentence for manslaughter
  2. 2 Weight to give to aggravating factors including spousal context and presence of a child
  3. 3 Mitigation from guilty plea, remorse, rehabilitation prospects and difficult background

Ratio Decidendi

A custodial sentence balancing denunciation, general and specific deterrence and rehabilitation was required given the extreme and repeated violence, spousal context and presence of the child; mitigation (guilty plea, remorse, psychiatric report indicating treatable risks and strong community support) and 30 months pre-trial custody credit warranted a sentence of six years and six months imprisonment with ancillary DNA and firearms orders.

Court Disposition

Accused sentenced to imprisonment for six years and six months after credit for pre-trial custody; ancillary orders made for DNA sampling and lifelong firearms prohibition.

Orders

  • Order that number of samples reasonably required for forensic DNA analysis be taken pursuant to s.487.051 of the Criminal Code
  • Prohibition for life on possessing any firearm, prohibited firearm, restricted firearm, crossbow, restricted weapon, ammunition or explosive substance pursuant to s.109(2) of the Criminal Code