R. v. Upshaw

R. v. Upshaw

Accused, as a party under s.21, is guilty of manslaughter with a firearm and must receive at least the statutory minimum; after weighing aggravating factors (random, gratuitous killing and subsequent robbery) and mitigating factors (age, guilty plea, remorse, prospects for rehabilitation), the appropriate adult sentence is seven years imprisonment with 410 days remand credit on a 1:1 basis, to run consecutively to the two year contempt sentence; concurrent six month terms imposed on property offences; lifetime s.109 weapons prohibition and DNA order granted; parity with a youth sentence under the YCJA is not binding because different sentencing regimes apply.

Citation
2013 NSSC 160
Parties
Crown: Her Majesty the Queen; Accused: Jerricho Carter Melvin Upshaw
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
17 May 2013
Procedural Posture
Criminal Manslaughter / Sentencing
Outcome
Accused pleaded guilty to manslaughter and related offences; sentenced.
Legal Topics
Manslaughter, Sentencing Principles, Party Liability (s.21), Statutory Minimum for Firearm Use, Remand Credit, Parity Principle
Source Language
English
Criminal Law Sentencing Firearms Law Youth Justice Manslaughter Sentencing Principles Party Liability (s.21) Statutory Minimum for Firearm Use +2 more

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Parties

Her Majesty the Queen

Crown

Jerricho Carter Melvin Upshaw

Accused

Procedural Posture

Criminal Manslaughter / Sentencing

Legal Issues

  1. 1 Whether accused as a party under s.21 is criminally liable for manslaughter committed by another
  2. 2 Appropriate sentence for manslaughter where a firearm was used (statutory minimum applies)
  3. 3 Whether parity with a co-accused young person sentenced under the YCJA requires a lower adult sentence

Ratio Decidendi

Accused, as a party under s.21, is guilty of manslaughter with a firearm and must receive at least the statutory minimum; after weighing aggravating factors (random, gratuitous killing and subsequent robbery) and mitigating factors (age, guilty plea, remorse, prospects for rehabilitation), the appropriate adult sentence is seven years imprisonment with 410 days remand credit on a 1:1 basis, to run consecutively to the two year contempt sentence; concurrent six month terms imposed on property offences; lifetime s.109 weapons prohibition and DNA order granted; parity with a youth sentence under the YCJA is not binding because different sentencing regimes apply.

Court Disposition

Accused pleaded guilty to manslaughter and related offences; sentenced.

Orders

  • Seven years imprisonment on manslaughter count with 410 days remand credit applied on a 1:1 basis
  • Sentence to run consecutively to a two year contempt sentence currently being served