Manslaughter (Sentencing Cases): Difference between revisions

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-{{SCase1|''R v Shyback'', <br> [http://canlii.ca/t/hvhg1 2018 ABCA 331] (CanLII){{TheCourt}} | 7 years | Domestic homicide. Appeal of sentence allowed. }}
+{{SCase1|''R v Shyback'', <br> [http://canlii.ca/t/hvhg1 2018 ABCA 331] (CanLII){{TheCourtABCA}} | 7 years | Domestic homicide. Appeal of sentence allowed. }}
 {{SCase1|''R v Taniskishayinew'',<br> [http://canlii.ca/t/hqp5v 2018 BCSC 296] (CanLII){{perBCSC|Griffin J}} | 4 years | The offender was convicted at trial of manslaughter. }}
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 {{SCase1|R v Abraham and Starr,<br> [http://canlii.ca/t/fpbnw 2011 MBQB 299] (CanLII){{perMBQB|McKelvey J}} | 9 years |The two offenders beat the victim during a prolonged attack and left him for dead in a shed. They attempted to hide evidence of the event.  Both accused had a record for violence. }}
-{{SCase1|''R v Holloway'',<br> [http://canlii.ca/t/g623h 2014 ABCA 87] (CanLII){{TheCourt}} (2:1) | 8 years|The offender was convicted at trial for manslaughter. He along with several others, beat and stabbed the victim to death. They had been drinking and were upset that the victim had stabbed the offender. They went to the victim's residence to find him. They found him and beat and kicked him, hit him with a beer bottle, and then while he was down the offender stabbed him in the chest with a butter knife. The offender was 22 years old. }}
+{{SCase1|''R v Holloway'',<br> [http://canlii.ca/t/g623h 2014 ABCA 87] (CanLII){{TheCourtABCA}} (2:1) | 8 years|The offender was convicted at trial for manslaughter. He along with several others, beat and stabbed the victim to death. They had been drinking and were upset that the victim had stabbed the offender. They went to the victim's residence to find him. They found him and beat and kicked him, hit him with a beer bottle, and then while he was down the offender stabbed him in the chest with a butter knife. The offender was 22 years old. }}
 {{SCase1|''R v Scott'',<br> [http://canlii.ca/t/gfvnj 2014 BCSC 2457] (CanLII){{perBCSC|Bruce J}} | | {{SummaryPending}} }}
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 {{SCase1|''R v Abel'',<br>[http://canlii.ca/t/fq8wp 2012 NLTD 27] (CanLII){{perNLSC|Stack J}} | 7 years | Offender suffocated his former partner. Jury found him guilty of manslaughter and acquitted of second degree murder. Offender had a lengthy criminal record.}}
-{{SCase1|''R v Karim'',<br> [http://canlii.ca/t/fvfn4 2012 ABQB 727] (CanLII){{perABQB|Hughes J}} aff'd [http://canlii.ca/t/g623b 2014 ABCA 88] (CanLII){{TheCourt}} (2:1) | 16 years| The offender gave a co-accused a firearm and directed that they threaten the victim. The co-accused killed the victim instead.}}
+{{SCase1|''R v Karim'',<br> [http://canlii.ca/t/fvfn4 2012 ABQB 727] (CanLII){{perABQB|Hughes J}} aff'd [http://canlii.ca/t/g623b 2014 ABCA 88] (CanLII){{TheCourtABCA}} (2:1) | 16 years| The offender gave a co-accused a firearm and directed that they threaten the victim. The co-accused killed the victim instead.}}
 {{SCase1|''R v Ipeelee'',<br> [http://canlii.ca/t/fqq00 2012 SCC 13] (CanLII){{perSCC|LeBel J}} | | {{SummaryPending}} }}
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 {{SCase1|''R v Cascisa'',<br> [http://canlii.ca/t/1f89s 2001 MBCA 168] (CanLII){{TheCourt}} | 2 years less a day | The offender knocked out and kicked the victim in the head. The attack was provoked. }}
-{{SCase1|''R v Cooper'',<br> [http://canlii.ca/t/5mwf 2000 ABQB 656] (CanLII){{perABQB|Veit J}} aff'd [http://canlii.ca/t/1tgc0 2003 ABCA 228] (CanLII){{TheCourt}} | 10 years | The offender was a doctor in a vicious rivalry with another doctor who disappeared mysteriously.}}
+{{SCase1|''R v Cooper'',<br> [http://canlii.ca/t/5mwf 2000 ABQB 656] (CanLII){{perABQB|Veit J}} aff'd [http://canlii.ca/t/1tgc0 2003 ABCA 228] (CanLII){{TheCourtABCA}} | 10 years | The offender was a doctor in a vicious rivalry with another doctor who disappeared mysteriously.}}
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 {{SCaseHeader}}
-{{SCase1|''R v Poucette'',<br> [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII){{TheCourt}} |  3 years | The offender plead guilty to manslaughter. He had been drinking heavily and had a knife in his possession. He got into an altercation. The victim tried to break it up and in the process ripped an earring out of the ear of the offender. He then stabbed the victim in the heart. The offender had significant Gladue factors. Trial judge had ordered one year sentence. }}
+{{SCase1|''R v Poucette'',<br> [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII){{TheCourtABCA}} |  3 years | The offender plead guilty to manslaughter. He had been drinking heavily and had a knife in his possession. He got into an altercation. The victim tried to break it up and in the process ripped an earring out of the ear of the offender. He then stabbed the victim in the heart. The offender had significant Gladue factors. Trial judge had ordered one year sentence. }}
 {{SCase1|''R v Maxwell''<br> [http://canlii.ca/t/543k 1999 BCCA 648] (CanLII){{perBCCA|Southin JA}} | 17 years | manslaughter during a home invasion robbery}}
-{{SCase1|''R v Poucette'', [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII){{TheCourt}} | | {{SummaryPending}} }}
+{{SCase1|''R v Poucette'', [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII){{TheCourtABCA}} | | {{SummaryPending}} }}
 {{SCase1|''R v Gladue'', <br>[http://canlii.ca/t/1fqp2 1999 CanLII 679] (SCC), [1999] 1 SCR 688{{perSCC|Cory and Iacobucci JJ}} | | {{SummaryPending}} }}

Revision as of 21:41, 16 January 2019

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