R. v. Isenor

Given the offender's intentional unlawful assault leading to death, the assessed degree of moral blameworthiness, and the pressing need for denunciation and general deterrence, a penitentiary term is required; a three year federal sentence is proportionate and a conditional sentence under s.742.1 is inappropriate.

Citation: 2007 NSPC 70
Parties: Crown: Her Majesty the Queen; Accused: Brett Isenor
Court: Nova Scotia Provincial Court
Jurisdiction: Canada
Judgment Date: 23 November 2007
Procedural Posture: Criminal Manslaughter / Sentencing
Outcome: Sentenced to three years imprisonment in a federal penitentiary for manslaughter.
Legal Topics: Manslaughter, Unlawful Act Manslaughter, Moral Blameworthiness, Conditional Sentence, Denunciation, General Deterrence, Pre Sentence Report
Source Language: English

Criminal Law Sentencing Homicide Manslaughter Unlawful Act Manslaughter Moral Blameworthiness Conditional Sentence Denunciation +2 more

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Full judgment text Legal principles 6 Authorities cited 24 Party arguments 2 Amounts and remedies 4

Parties

Her Majesty the Queen

Crown

Brett Isenor

Accused

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

1 What is the appropriate sentence for unlawful act manslaughter where the accused delivered a single punch resulting in death
2 Whether a conditional sentence (under two years) is available and appropriate
3 Assessment of the offender's moral blameworthiness and application of sentencing principles including denunciation, deterrence and restraint

Ratio Decidendi

Court Disposition

Sentenced to three years imprisonment in a federal penitentiary for manslaughter.

Orders

Impose three years imprisonment to be served in a federal penitentiary.