R. v. Stratton

R. v. Stratton

Judge found Crown failed to prove aggravating circumstance of lying in wait; medical evidence established death by aspiration during confused CPR efforts; offence characterized as toward the near-accident end of the manslaughter spectrum; Proulx criteria for conditional sentence met (no mandatory minimum, community safety not endangered, term under two years, consistent with sentencing principles); therefore a conditional sentence of two years less a day to be served in the community with onerous conditions was fit and proper; mandatory DNA and firearms prohibition orders were required; additional probation imposed for Reid following conditional sentence.

Citation
2002 NSSC 103
Parties
Prosecution: Her Majesty the Queen; Accused: Michael Stratton; Accused: Joey Reid
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
4 April 2002
Procedural Posture
Criminal Manslaughter / Sentencing
Outcome
Convicted of manslaughter; sentenced to two years less a day to be served as a conditional sentence in the community with specified conditions; Reid to be further subject to two years probation after conditional sentence.
Legal Topics
Manslaughter, Conditional Sentence, Self Defence, Causation, Forensic DNA Order, Probation, Firearms Prohibition, Moral Blameworthiness
Source Language
English
Criminal Law Sentencing Evidence Forensic DNA Conditional Sentencing Self Defence Manslaughter Conditional Sentence +5 more

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Parties

Her Majesty the Queen

Prosecution

Michael Stratton

Accused

Joey Reid

Accused

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

  1. 1 Appropriate sentence for manslaughter
  2. 2 Whether aggravating circumstance of lying in wait was proven
  3. 3 Whether a conditional sentence is permissible and appropriate under R. v. Proulx

Ratio Decidendi

Judge found Crown failed to prove aggravating circumstance of lying in wait; medical evidence established death by aspiration during confused CPR efforts; offence characterized as toward the near-accident end of the manslaughter spectrum; Proulx criteria for conditional sentence met (no mandatory minimum, community safety not endangered, term under two years, consistent with sentencing principles); therefore a conditional sentence of two years less a day to be served in the community with onerous conditions was fit and proper; mandatory DNA and firearms prohibition orders were required; additional probation imposed for Reid following conditional sentence.

Court Disposition

Convicted of manslaughter; sentenced to two years less a day to be served as a conditional sentence in the community with specified conditions; Reid to be further subject to two years probation after conditional sentence.

Orders

  • Conditional sentence of 2 years less a day to be served in the community for Michael Stratton and Joey Reid under s.742.1
  • Both offenders to report to supervisor within 2 working days and as directed; keep the peace and be of good behaviour; not leave jurisdiction without written permission; notify of change of name/address/employment