R. v. Morn

R. v. Morn

The court accepted the joint submission and imposed a global eight-year custodial sentence, applied statutory pre-trial custody credit at 1.5:1 totaling 40 months, resulting in a net custodial sentence of four years and eight months; ancillary orders including DNA (s.487.051(1)), lifetime firearm prohibitions...

Source-derived case information.

Citation
2016 BCSC 626
Parties
Crown: Regina; Accused: Maly Morn; Victim: Justin Yusko
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
24 February 2016
Procedural Posture
Criminal Manslaughter / Sentencing (oral Reasons)
Outcome
Guilty plea to manslaughter accepted; sentence imposed following joint submission
Legal Topics
Manslaughter, Sentencing, Pre Trial Custody Credit, Abduction, Extortion, Ancillary Orders, Firearm Prohibition, Victim Impact
Source Language
english
Criminal Law Manslaughter Sentencing Pre Trial Custody Credit Abduction Extortion Ancillary Orders Firearm Prohibition +1 more

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Parties

Regina

Crown

Maly Morn

Accused

Justin Yusko

Victim

Procedural Posture

Criminal Manslaughter / Sentencing (oral Reasons)

Legal Issues

  1. 1 Whether to accept joint sentencing submission
  2. 2 Appropriate quantum of sentence for manslaughter committed during abduction/extortion in context of drug operation
  3. 3 Appropriate credit for pre-trial custody

Ratio Decidendi

The court accepted the joint submission and imposed a global eight-year custodial sentence, applied statutory pre-trial custody credit at 1.5:1 totaling 40 months, resulting in a net custodial sentence of four years and eight months; ancillary orders including DNA (s.487.051(1)), lifetime firearm prohibitions (s.109(2)(a) and s.109(2)(b)), a non-communication order under s.743.21, a $200 victim fine surcharge (s.737(2)(b)(ii)), and a stay of the original first degree murder indictment were ordered.

Court Disposition

Guilty plea to manslaughter accepted; sentence imposed following joint submission

Orders

  • Global custodial sentence of 8 years imprisonment
  • Credit for pre-trial custody of 40 months (applied at 1.5:1); net custodial sentence 4 years and 8 months