R. v. Golic

R. v. Golic

The offender, though not proven to have intended to kill, was the instigator and participated as a co-principal in a premeditated swarming attack that foreseeably caused non-trivial harm resulting in death; his prior youth knife-related offences and lack of persuasive remorse increased moral culpability but his youth required that rehabilitation be considered; balancing denunciation/deterrence and rehabilitation, a custodial sentence of 7 years is appropriate, to be reduced by agreed 1:1 pre-trial custody credit of 538 days, with ancillary orders (DNA, weapons prohibitions, victim surcharge).

Citation
2017 BCSC 2244
Parties
Crown/prosecution: Regina; Accused/offender: Arvin Golic
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
6 December 2017
Procedural Posture
Criminal Manslaughter Sentencing / Sentencing Decision (reasons for Sentence)
Outcome
Accused convicted of manslaughter and sentenced to 7 years imprisonment, reduced by credit for pre-trial custody (1:1 credit of 538 days).
Legal Topics
Manslaughter, Swarming/group Assault, Common Intention/party Liability, Pre Trial Custody Credit, Aggravating and Mitigating Factors, Denunciation and Deterrence
Source Language
English
Criminal Law Sentencing Youth Justice Manslaughter Swarming/group Assault Common Intention/party Liability Pre Trial Custody Credit Aggravating and Mitigating Factors +1 more

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Parties

Regina

Crown/prosecution

Arvin Golic

Accused/offender

Procedural Posture

Criminal Manslaughter Sentencing / Sentencing Decision (reasons for Sentence)

Legal Issues

  1. 1 Appropriate sentence for manslaughter where accused was a co-principal in a swarming attack
  2. 2 Extent to which youth and immaturity mitigate sentence
  3. 3 Impact of prior youth record involving knives on moral culpability

Ratio Decidendi

The offender, though not proven to have intended to kill, was the instigator and participated as a co-principal in a premeditated swarming attack that foreseeably caused non-trivial harm resulting in death; his prior youth knife-related offences and lack of persuasive remorse increased moral culpability but his youth required that rehabilitation be considered; balancing denunciation/deterrence and rehabilitation, a custodial sentence of 7 years is appropriate, to be reduced by agreed 1:1 pre-trial custody credit of 538 days, with ancillary orders (DNA, weapons prohibitions, victim surcharge).

Court Disposition

Accused convicted of manslaughter and sentenced to 7 years imprisonment, reduced by credit for pre-trial custody (1:1 credit of 538 days).

Orders

  • Imposed custodial sentence of 7 years imprisonment, reduced by 538 days pre-trial custody credit (1:1)
  • Accused to provide DNA sample pursuant to Criminal Code s.487.051(1)(a)