R. v. Marion

R. v. Marion

The judge found the accused morally highly blameworthy despite mental health and substance issues, applied Summers to award enhanced pre-sentence custody credit at 1.5:1 (30 months custody = 45 months credit), entered a conditional stay on Count 2 under Kienapple, imposed a fit and just global sentence of 10 years...

Source-derived case information.

Citation
2014 BCSC 1425
Parties
Crown: Regina; Accused: Frank William Edward Marion
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2014
Procedural Posture
Criminal Manslaughter/arson / Sentencing (post Conviction)
Outcome
Accused convicted and sentenced following trial; Count 2 conditionally stayed; sentence imposed and ancillary orders made.
Legal Topics
Manslaughter, Arson, Criminal Negligence, Pre Sentence Custody Credit, NCRMD (not Criminally Responsible), Kienapple Stay, DNA Order, Weapons Prohibition, Gladue Factors, Victim Fine Surcharge
Source Language
english
Criminal Law Sentencing Mental Health Law Corrections and Conditional Release Manslaughter Arson Criminal Negligence Pre Sentence Custody Credit +6 more

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Parties

Regina

Crown

Frank William Edward Marion

Accused

Procedural Posture

Criminal Manslaughter/arson / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate sentence for manslaughter and arson causing bodily harm
  2. 2 Whether enhanced pre-sentence custody credit (Summers) applies
  3. 3 Whether Count 2 should be stayed under Kienapple

Ratio Decidendi

The judge found the accused morally highly blameworthy despite mental health and substance issues, applied Summers to award enhanced pre-sentence custody credit at 1.5:1 (30 months custody = 45 months credit), entered a conditional stay on Count 2 under Kienapple, imposed a fit and just global sentence of 10 years on Count 1 (manslaughter) with concurrent six years on Count 3 (arson causing bodily harm), resulting in an effective remaining term of 75 months after credit, and ordered DNA and weapons prohibitions and waiver of the victim fine surcharge.

Court Disposition

Accused convicted and sentenced following trial; Count 2 conditionally stayed; sentence imposed and ancillary orders made.

Orders

  • Count 2 (criminal negligence) conditionally stayed pending appeal (Kienapple)
  • Sentence on Count 1 (manslaughter): 10 years imprisonment (120 months) with enhanced pre-sentence custody credit of 45 months resulting in 75 months remaining to be served