R. v. Gallant

Parties

Procedural Posture

Criminal Manslaughter / Sentencing After Guilty Plea to Manslaughter

Legal Issues

1. 1 Appropriate custody term for manslaughter committed by driving over a person twice
2. 2 Whether the court should accept the joint sentencing recommendation under R. v. Anthony‑Cook
3. 3 Calculation and quantum of pre‑trial custody credit

Ratio Decidendi

Court accepted the joint recommendation and sentenced the offender to 12 years' imprisonment for manslaughter, awarded 1.5 days pre‑trial credit per day (179 days total from 119 days custody) resulting in a remaining term of 11 years and 186 days, and imposed ancillary orders (DNA, lifetime s.110 weapons prohibition, specific no‑contact endorsement, and driving prohibition); acceptance was justified because the proposed sentence did not bring the administration of justice into disrepute given the facts, offender's mitigation and applicable jurisprudence.

Court Disposition

Guilty plea to manslaughter entered; sentenced to 12 years' imprisonment; remand credit applied; ancillary orders imposed; Victim Fine Surcharge waived by Crown.

Orders

• Sentence of 12 years' imprisonment for manslaughter
• Pre‑trial remand credit of 1.5 days per day for 119 days totalling 179 days