R. v. Wright

R. v. Wright

Because the Crown could not reliably prove second degree murder given witness intoxication and evidentiary weaknesses, the court accepted the joint recommendation of a 15-year sentence for manslaughter, credited four years remand, imposed a global sentence of 11 years, and ordered parole ineligibility for half that sentence (5.5 years) under s.743.6 to reflect denunciation and specific deterrence.

Citation
2009 NSSC 192
Parties
Crown: Her Majesty the Queen; Defendant: Cory Wright
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
12 June 2009
Procedural Posture
Criminal Manslaughter / Sentencing
Outcome
Defendant pleaded guilty to manslaughter; sentenced to 15 years incarceration with 4 years remand credit resulting in an 11-year global sentence; parole eligibility after 5.5 years; DNA and s.109 orders granted.
Legal Topics
Manslaughter, Guilty Plea, Remand Credit, Parole Ineligibility, Victim Impact, Witness Intoxication/reliability, DNA Order, S.109 Order
Source Language
English
Criminal Law Sentencing Manslaughter Guilty Plea Remand Credit Parole Ineligibility Victim Impact Witness Intoxication/reliability +2 more

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Parties

Her Majesty the Queen

Crown

Cory Wright

Defendant

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter given guilty plea and prior violent record
  2. 2 Whether the Crown could prove second degree murder given witness intoxication and uncooperative witnesses
  3. 3 Calculation and crediting of remand time

Ratio Decidendi

Because the Crown could not reliably prove second degree murder given witness intoxication and evidentiary weaknesses, the court accepted the joint recommendation of a 15-year sentence for manslaughter, credited four years remand, imposed a global sentence of 11 years, and ordered parole ineligibility for half that sentence (5.5 years) under s.743.6 to reflect denunciation and specific deterrence.

Court Disposition

Defendant pleaded guilty to manslaughter; sentenced to 15 years incarceration with 4 years remand credit resulting in an 11-year global sentence; parole eligibility after 5.5 years; DNA and s.109 orders granted.

Orders

  • Incarceration in a federal institution for 15 years
  • Remand credit of 4 years