Canada Case Law

R. v. Delair

Court

Supreme Court of British Columbia

The court accepted the joint submission because the proposed global custodial sentence of 15 years was fit and proportionate in all the circumstances and was not so unhinged from the facts as to undermine public confidence; the sentence was imposed as 5,475 days, with 618 days actual pre‑trial custody credited as 927 days, leaving 4,548 days to be served, together with specified ancillary orders.

Source excerpt

• Joint submission
• Mandatory minimums
• Totality principle
• Pre-trial custody credit
• Ancillary orders

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R. v. Dittmer

Court

British Columbia Court of Appeal

Appeal dismissed in a manslaughter conviction for careless use of a firearm. The court upheld the modified objective reasonable person test and the jury instructions.

• Reasonable person standard
• Objective mens rea
• Jury instructions
• Curative proviso
• Trauma and incapacity
• Reasonable-person-standard

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R. v. B.E.

Court

Supreme Court of British Columbia

Sentencing reasons for a youth found guilty of two counts of manslaughter. The court imposed a 36-month IRCS order, with custody until age 20 and the balance in the community.

• Intensive rehabilitative custody and supervision (ircs)
• Youth sentencing principles (ycja)
• Publication ban
• Mental disruption/insanity issues
• Gladue / aboriginal considerations
• Ancillary orders (dna, firearms prohibition, disclosure)

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R. v. Zhang

Court

Supreme Court of British Columbia

The court accepted a joint submission and sentenced Mr. Zhang for manslaughter, unlawful confinement, extortion, and related confinement offences.

• Joint submission
• Pre-sentence custody credit
• Totality principle
• Victim impact and surcharge
• Dna order
• Firearms prohibition

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R. v. Anderson

Court

Supreme Court of British Columbia

Sentencing for manslaughter after a guilty plea and joint submission. The court imposed two years less one day imprisonment, one year probation, and ancillary DNA and weapons orders.

• Joint sentencing submissions
• Remand credit
• Probation conditions
• Victim impact statements
• Weapons prohibition
• Manslaughter

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R. v. McCormick

Court

Supreme Court of British Columbia

The court sentenced Michael James McCormick to 12 years for manslaughter after the death of his mother, applying pre-sentence custody credit and ancillary orders.

• Manslaughter sentencing
• Matricide
• Self‑induced drug psychosis
• Aggravating and mitigating factors
• Pre‑sentence custody credit
• Ancillary orders

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R. v. Alexander

Court

Court of Appeal for Ontario

Appeal allowed in part only to correct the miscalculation of pre-sentence custody credit (award increased by eight months to a total of 17 months, producing an effective sentence of nine years and six months); all other grounds of appeal dismissed because the sentencing judge did not err in law or principle in assessing aggravating and mitigating factors, did not improperly rely on the victim impact statement, and imposed a fit and proportionate sentence applying appropriate sentencing principles and appellate deference to factual findings.

Source excerpt

• Failure to provide necessaries of life
• Pre-sentence custody credit
• Victim impact statement
• Mitigating and aggravating factors
• Denunciation and deterrence
• Remorse

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R. v. S.N.J.S.

Court

British Columbia Court of Appeal

The Court of Appeal dismissed a youth offender’s sentence appeal for manslaughter, holding that the sentencing judge properly balanced YCJA principles and gave adequate reasons for a custodial portion.

• Youth sentencing principles
• Custody versus non-custodial alternatives
• Ycja s.38 and s.39(9) compliance
• Expert evidence on rehabilitation
• Accountability and proportionality
• Youth-sentencing

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R. v. Seitcher

Court

British Columbia Court of Appeal

The Court of Appeal for British Columbia set aside an illegal conditional sentence for manslaughter and imposed 18 months’ custody plus 18 months’ probation.

• Sentencing principles
• Conditional sentence availability (r. v. fice)
• Rehabilitation
• Probation conditions
• Non‑contact/non‑attendance orders
• Sentencing

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R. v. Richer

Court

British Columbia Court of Appeal

The Court of Appeal upheld Eric Henderson’s sentence for manslaughter, but reduced Jason Donald Richer’s sentence by one year for stronger mitigating factors and rehabilitation prospects.

• Sentencing range
• Appellate review
• Aggravating and mitigating factors
• Unlawful act manslaughter
• Publication ban under ss.486(4.1) and 539(1)
• Sentencing

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