R. v. Bracken

R. v. Bracken

Court accepted the joint submission of a four year sentence because of significant evidentiary uncertainty on causation, the accused’s genuine remorse and guilty plea, the aggravating treatment of the victim’s body, and the assessment that deference to counsel’s joint recommendation was appropriate in the public...

Source-derived case information.

Citation
2012 BCSC 1084
Parties
Crown: Regina; Accused: Harvey Frank Bracken
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 June 2012
Procedural Posture
Criminal Manslaughter / Sentencing After Guilty Plea
Outcome
Guilty plea accepted; sentenced to four years imprisonment; 16 months pretrial custody credited; further term of 2 years 8 months to be served; DNA order and firearm prohibitions imposed; victim fine surcharge waived.
Legal Topics
Manslaughter, Sentencing, Plea Bargaining, Causation, Remorse, Pretrial Custody Credit, DNA Databank Order, Firearm Prohibition, Victim Surcharge
Source Language
english
Criminal Law Manslaughter Sentencing Plea Bargaining Causation Remorse Pretrial Custody Credit DNA Databank Order +2 more

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Parties

Regina

Crown

Harvey Frank Bracken

Accused

Procedural Posture

Criminal Manslaughter / Sentencing After Guilty Plea

Legal Issues

  1. 1 Whether the Crown could prove causation of death beyond a reasonable doubt
  2. 2 Admissibility issues relating to post-arrest statements (voir dire)
  3. 3 Appropriate sentence given moral culpability and aggravating/mitigating factors

Ratio Decidendi

Court accepted the joint submission of a four year sentence because of significant evidentiary uncertainty on causation, the accused’s genuine remorse and guilty plea, the aggravating treatment of the victim’s body, and the assessment that deference to counsel’s joint recommendation was appropriate in the public interest, with 16 months pretrial custody credit applied resulting in a further 2 years 8 months to be served.

Court Disposition

Guilty plea accepted; sentenced to four years imprisonment; 16 months pretrial custody credited; further term of 2 years 8 months to be served; DNA order and firearm prohibitions imposed; victim fine surcharge waived.

Orders

  • Sentence of four years imprisonment with 16 months pretrial custody credit; further 2 years and 8 months imprisonment to be served
  • Warrant of committal to be endorsed accordingly