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Sentencing reasons for a home invasion/guilty plea case. The court accepted a three-and-a-half-year joint submission, gave 340 days’ credit, and refused extra bail-condition credit.
Sentence for kidnapping and assault causing bodily harm after guilty pleas, with significant jail terms, DNA orders, firearms prohibitions, and pre-trial custody credit.
Judge imposed seven years' imprisonment because the killing occurred in the heat of the moment but involved culpable conduct with aggravating factors (weapon use, prior assaults, fatal consequence) placing it short of 'near‑murder'; remand credit was exercised downward to 1.5:1 because the offender received institutional programs while on remand; Crown's request to delay parole under s.743.6 was denied as unnecessary to achieve denunciation and deterrence; ancillary orders (lifetime weapons prohibition and DNA sampling) were imposed pursuant to the Criminal Code.
Source excerpt
Sentencing reasons in R. v. Bayko for manslaughter in a domestic relationship. The court imposed eight years, reduced to six years after double credit for pre-sentence custody.
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