Manslaughter (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
← Older editNewer edit →
VisualWikitext
No edit summary
Line 9: Line 9:
{{SCaseHeader}}
{{SCaseHeader}}


{{SCase1|R v Shyback, <Br> [http://canlii.ca/t/hvhg1 2018 ABCA 331] (CanLII) | 7 years | Domestic homicide. Appeal of sentence allowed. }}
{{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 Taniskishayinew,<br> [http://canlii.ca/t/hqp5v 2018 BCSC 296] (CanLII) | 4 years | The offender was convicted at trial of manslaughter. }}
{{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. }}


{{SCase1|R v Parisian, <br> [http://canlii.ca/t/hqj51 2018 MBCA 16] (CanLII) | 11 years | The court of appeal overturned a sentence of 14 years. }}  
{{SCase1|R v Parisian, <br> [http://canlii.ca/t/hqj51 2018 MBCA 16] (CanLII){{perMBCA|Beard JA}} | 11 years | The court of appeal overturned a sentence of 14 years. }}  


{{SCase1|R v Gillis, <Br>[http://canlii.ca/t/hq9dj 2018 NSSC 22] (CanLII) | 9 years | {{SummaryPending}} }}
{{SCase1|R v Gillis, <Br>[http://canlii.ca/t/hq9dj 2018 NSSC 22] (CanLII){{perNSSC|Rosinski J}} | 9 years | {{SummaryPending}} }}


{{SCase1|R v Smith, <br>[http://canlii.ca/t/hq753 2017 BCSC 2513] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Smith, <br>[http://canlii.ca/t/hq753 2017 BCSC 2513] (CanLII){{perBCSC|Donegan J}} | | {{SummaryPending}} }}


{{SCase1|R v Vikilani, <br>[http://canlii.ca/t/hnrq4 2017 BCSC 2074] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Vikilani, <br>[http://canlii.ca/t/hnrq4 2017 BCSC 2074] (CanLII){{perBCSC|Pearlman J}} | | {{SummaryPending}} }}


{{SCase1|R v Robinson, <br>[http://canlii.ca/t/h3j2v 2017 BCSC 681] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Robinson, <br>[http://canlii.ca/t/h3j2v 2017 BCSC 681] (CanLII){{perBCSC|Silverman J}} | | {{SummaryPending}} }}


{{SCase1|R v Stanford, <br>[http://canlii.ca/t/h2x1b 2017 BCSC 530] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Stanford, <br>[http://canlii.ca/t/h2x1b 2017 BCSC 530] (CanLII){{perBCSC|Russell J}} | | {{SummaryPending}} }}


{{SCase1|R v Carte, <br> [http://canlii.ca/t/hpkqq 2017 BCSC 2421] (CanLII) | 7.5 years | {{SummaryPending}} }}
{{SCase1|R v Carte, <br> [http://canlii.ca/t/hpkqq 2017 BCSC 2421] (CanLII){{perBCSC|DeWitt-Van Oosten J}} | 7.5 years | {{SummaryPending}} }}


{{SCase1|R v Johnson, <Br> [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Johnson, <Br> [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII){{perBCSC|Donegan J}} | | {{SummaryPending}} }}


{{SCase1|R v Enright, <br>[http://canlii.ca/t/gwr7m 2017 ABQB 10] (CanLII)| 10 years | {{SummaryPending}} }}
{{SCase1|R v Enright, <br>[http://canlii.ca/t/gwr7m 2017 ABQB 10] (CanLII){{perABQB|Jerke J}}| 10 years | {{SummaryPending}} }}


{{SCase1|R v Nguyen, <Br> [http://canlii.ca/t/h67tf 2017 BCSC 1669] (CanLII)| | {{SummaryPending}} }}
{{SCase1|R v Nguyen, <Br> [http://canlii.ca/t/h67tf 2017 BCSC 1669] (CanLII){{perBCSC|Ehrcke J}}| | {{SummaryPending}} }}


{{SCase1|R v Okemow, <Br>[http://canlii.ca/t/gwl98 2016 MBQB 240] (CanLII) | 2 years less a day | The offender pleaded guilty to manslaughter for beating a homeless man to death. }}
{{SCase1|R v Okemow, <Br>[http://canlii.ca/t/gwl98 2016 MBQB 240] (CanLII){{perMBQB|Keyser J}} | 2 years less a day | The offender pleaded guilty to manslaughter for beating a homeless man to death. }}


{{SCase1|R v Strongquill,<Br> [http://canlii.ca/t/gwmtk 2016 SKQB 397] (CanLII) | 8 years |The offender plead guilty to manslaughter. He was with a group of friends and got in to a fight with another group. The offender cornered one member of the other group and stabs him with a hunting knife. He was 22 years old at at time and had an aboriginal background. }}
{{SCase1|R v Strongquill,<Br> [http://canlii.ca/t/gwmtk 2016 SKQB 397] (CanLII){{perSKQB|Gunn J}} | 8 years |The offender plead guilty to manslaughter. He was with a group of friends and got into a fight with another group. The offender cornered one member of the other group and stabs him with a hunting knife. He was 22 years old at time and had an aboriginal background. }}


{{SCase1|R v Landry, <br> [http://canlii.ca/t/gs6bb 2016 NSCA 53] (CanLII) | 14 years | The offender was convicted at trial for being the principal in an attack on the victim for poaching lobster. The victim was shot and then attacked with a gaff in the water and then drowned with an anchor. }}
{{SCase1|R v Landry, <br> [http://canlii.ca/t/gs6bb 2016 NSCA 53] (CanLII){{perNSCA|Beveridge JA}} | 14 years | The offender was convicted at trial for being the principal in an attack on the victim for poaching lobster. The victim was shot and then attacked with a gaff in the water and then drowned with an anchor. }}


{{SCase1|R v Kidder, <br>[http://canlii.ca/t/gs1vs 2016 ABPC 136] (CanLII) | 6 years | The offender was a drug dealer and stabbed one of his customers three times when they got into a fight. The offender was 37 years old and aboriginal. }}
{{SCase1|R v Kidder, <br>[http://canlii.ca/t/gs1vs 2016 ABPC 136] (CanLII){{perABPC|Allen J}} | 6 years | The offender was a drug dealer and stabbed one of his customers three times when they got into a fight. The offender was 37 years old and aboriginal. }}


{{SCase1|R v Quinn, <br>[http://canlii.ca/t/grv2r 2016 ABPC 121] (CanLII) | 5 years (joint rec.) | While impaired by drugs and alcohol, the offender and a friend got into physical fight the with victim. The offender kicked and hit the victim while he was down.}}
{{SCase1|R v Quinn, <br>[http://canlii.ca/t/grv2r 2016 ABPC 121] (CanLII){{perABPC|Allen J}} | 5 years (joint rec.) | While impaired by drugs and alcohol, the offender and a friend got into a physical fight with the victim. The offender kicked and hit the victim while he was down.}}


{{SCase1|R v Denny,<Br>[http://canlii.ca/t/gp2h1 2016 NSSC 76] (CanLII) | 8 years (approx.) | The offender escaped from the forensic hospital where he consumed cocaine and alcohol. He encountered the victim in front of a local bar. He hit him twice in the head and then kicked and hit him on the ground many times. The victim died from the assault. The offender was aboriginal and had schizophrenia.}}
{{SCase1|R v Denny,<Br>[http://canlii.ca/t/gp2h1 2016 NSSC 76] (CanLII){{perNSSC|Rosinski J}} | 8 years (approx.) | The offender escaped from the forensic hospital where he consumed cocaine and alcohol. He encountered the victim in front of a local bar. He hit him twice in the head and then kicked and hit him on the ground many times. The victim died from the assault. The offender was aboriginal and had schizophrenia.}}


{{SCase1|R v Johnny, <Br>[http://canlii.ca/t/gnb50 2016 BCCA 61] (CanLII) | 6 years | Offender found guilty of beating victim to death while intoxicated.}}
{{SCase1|R v Johnny, <Br>[http://canlii.ca/t/gnb50 2016 BCCA 61] (CanLII){{perBCCA|Newbury JA}} | 6 years | Offender found guilty of beating victim to death while intoxicated.}}


{{SCase1|R v Engebretsen,<br> [http://canlii.ca/t/grv32 2016 BCCA 182] (CanLII) | |{{SummaryPending}} }}
{{SCase1|R v Engebretsen,<br> [http://canlii.ca/t/grv32 2016 BCCA 182] (CanLII){{perBCCA|Harris JA}} | |{{SummaryPending}} }}


{{SCase1|R v Newton, <br>[http://canlii.ca/t/gsssv 2016 BCSC 1440] (CanLII) | |{{SummaryPending}} }}
{{SCase1|R v Newton, <br>[http://canlii.ca/t/gsssv 2016 BCSC 1440] (CanLII){{perBCSC|Holmes J}} | |{{SummaryPending}} }}


{{SCase1|R v Burgess, <Br>[http://canlii.ca/t/gms75 2016 NSPC 1] (CanLII) | 4 years | {{SummaryPending}}}}
{{SCase1|R v Burgess, <Br>[http://canlii.ca/t/gms75 2016 NSPC 1] (CanLII){{perNSPC|Derrick J}} | 4 years | {{SummaryPending}}}}


{{SCase1|R v Plowman<br>[http://canlii.ca/t/glhd2 2015 BCCA 423] (CanLII) | 5 and 7 years | Three accused "swarmed" the victim and stabbed him to death.}}
{{SCase1|R v Plowman<br>[http://canlii.ca/t/glhd2 2015 BCCA 423] (CanLII){{perBCCA|Neilson JA}} | 5 and 7 years | Three accused "swarmed" the victim and stabbed him to death.}}


{{SCase1|R v Peters, <br>[http://canlii.ca/t/g7c6p 2014 BCSC 1009] (CanLII) | 4 years 5 months | offender stabbed wife in heart}}
{{SCase1|R v Peters, <br>[http://canlii.ca/t/g7c6p 2014 BCSC 1009] (CanLII){{perBCSC|Romilly J}} | 4 years 5 months | offender stabbed wife in heart}}


{{SCase1|R v Tanasescu, <Br>[http://canlii.ca/t/gftr7 2014 BCCA 479] (CanLII) | 9 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v Tanasescu, <Br>[http://canlii.ca/t/gftr7 2014 BCCA 479] (CanLII){{perBCCA|Willcock JA}} | 9 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v Bal & Sidhu,<br> [http://canlii.ca/t/g73d8 2014 ONSC 3063] (CanLII)| 8.5 years| {{SummaryPending}}}}
{{SCase1|R v Bal & Sidhu,<br> [http://canlii.ca/t/g73d8 2014 ONSC 3063] (CanLII){{perONSC|Daley J}}| 8.5 years| {{SummaryPending}}}}


{{SCase1|R v Abraham and Starr,<br> [http://canlii.ca/t/fpbnw 2011 MBQB 299] (CanLII) | 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 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)| 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){{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 Scott,<br> [http://canlii.ca/t/gfvnj 2014 BCSC 2457] (CanLII) | | {{SummaryPending}} }}  
{{SCase1|R v Scott,<br> [http://canlii.ca/t/gfvnj 2014 BCSC 2457] (CanLII){{perBCSC|Bruce J}} | | {{SummaryPending}} }}  


{{SCase1|R v Huth, <Br> [http://canlii.ca/t/g6djj 2014 BCSC 570] (CanLII) | | {{SummaryPending}} }}  
{{SCase1|R v Huth, <Br> [http://canlii.ca/t/g6djj 2014 BCSC 570] (CanLII){{perBCSC|Macaulay J}} | | {{SummaryPending}} }}  


{{SCase1|R v Marchand,<Br> [http://canlii.ca/t/gg9kc 2014 BCSC 2554] (CanLII) | | {{SummaryPending}} }}  
{{SCase1|R v Marchand,<Br> [http://canlii.ca/t/gg9kc 2014 BCSC 2554] (CanLII){{perBCSC|Smith J}} | | {{SummaryPending}} }}  


{{SCase1|R v Hanley, <Br>[http://canlii.ca/t/g84m1 2014 BCSC 1373] (CanLII) | 10 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v Hanley, <Br>[http://canlii.ca/t/g84m1 2014 BCSC 1373] (CanLII){{perBCSC|Arnold-Bailey J}} | 10 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v Dhillon (2013), 564 A.R. 303 (Alta. Q.B.), [http://canlii.ca/t/fzgl5 2013 ABQB 365] (CanLII) | 7.5 years (manslaughter)<br> 1 year (assault) | {{SummaryPending}} }}
{{SCase1|R v Dhillon (2013), 564 A.R. 303 (Alta. Q.B.), [http://canlii.ca/t/fzgl5 2013 ABQB 365] (CanLII){{perABQB|Jerke J}} | 7.5 years (manslaughter)<br> 1 year (assault) | {{SummaryPending}} }}


{{SCase1|R v Cioppa,<br>[http://canlii.ca/t/fwch0 2013 ONSC 1242] (CanLII) | 8 years | Offender stabbed a 16 year old with a knife after consuming drugs and alcohol. Offender was 18 years old with no record. He was remorseful and had supports.}}
{{SCase1|R v Cioppa,<br>[http://canlii.ca/t/fwch0 2013 ONSC 1242] (CanLII){{perONSC|Nordheimer J}} | 8 years | Offender stabbed a 16 year old with a knife after consuming drugs and alcohol. Offender was 18 years old with no record. He was remorseful and had supports.}}


{{SCase1| R v S.D.C.,<br>[http://canlii.ca/t/fw0lf 2013 ABCA 46] (CanLII) | 7.5 years | The offender had sole custody of her 4 year old niece. She beat her to death.}}
{{SCase1| R v S.D.C.,<br>[http://canlii.ca/t/fw0lf 2013 ABCA 46] (CanLII){{perABCA|Ritter JA}} | 7.5 years | The offender had sole custody of her 4 year old niece. She beat her to death.}}


{{SCase1|R v Pop,<br> [http://canlii.ca/t/fz3bq 2013 BCCA 160] (CanLII) | 2 years less a day |{{SummaryPending}} }}  
{{SCase1|R v Pop,<br> [http://canlii.ca/t/fz3bq 2013 BCCA 160] (CanLII){{perBCCA|Bennett JA}} | 2 years less a day |{{SummaryPending}} }}  


{{SCase1|R v Halkett,<br> [http://canlii.ca/t/fw4zp 2013 SKQB 41] (CanLII) | 11 years | offender stabbed victim in heart during a dispute over drugs}}
{{SCase1|R v Halkett,<br> [http://canlii.ca/t/fw4zp 2013 SKQB 41] (CanLII){{perSKQB|Mills J}} | 11 years | offender stabbed victim in heart during a dispute over drugs}}


{{SCase1|R v Larche,<br>[http://canlii.ca/t/g1p3f 2013 MBPC 54] (CanLII) | 4 years | {{SummaryPending}}}}  
{{SCase1|R v Larche,<br>[http://canlii.ca/t/g1p3f 2013 MBPC 54] (CanLII){{perMBPC|Harvie J}} | 4 years | {{SummaryPending}}}}  


{{SCase1|R v Ryle et al.<br> [http://canlii.ca/t/fw3tc 2013 MBQB 33] (CanLII)|8 to 11.5 years | three offenders convicted of manslaughter at trial for beating death of inmate at prison.}}
{{SCase1|R v Ryle et al.<br> [http://canlii.ca/t/fw3tc 2013 MBQB 33] (CanLII){{perMBQB|Spivak J}}|8 to 11.5 years | three offenders convicted of manslaughter at trial for beating death of inmate at prison.}}


{{SCase1|R v Chapman,<br> [http://canlii.ca/t/fvm68 2013 ONCA 15] (CanLII) | 9 years | Offender held down victim as co-accused strangled her. Offender got bat for co-accused who beat her to death. Co-accused convicted of 2nd degree murder (15yrs parole ineligible). }}
{{SCase1|R v Chapman,<br> [http://canlii.ca/t/fvm68 2013 ONCA 15] (CanLII){{TheCourt}} | 9 years | Offender held down victim as co-accused strangled her. Offender got bat for co-accused who beat her to death. Co-accused convicted of 2nd degree murder (15yrs parole ineligible). }}


{{SCase1|R v Williams,<br> [http://canlii.ca/t/fz836 2013 BCSC 1082] (CanLII) | | {{SummaryPending}}  }}
{{SCase1|R v Williams,<br> [http://canlii.ca/t/fz836 2013 BCSC 1082] (CanLII){{perBCSC|Thompson J}} | | {{SummaryPending}}  }}


{{SCase1|R v Brertton, <Br> [http://canlii.ca/t/fz46s 2013 BCSC 1029] (CanLII) | 7 years | {{SummaryPending}} }}
{{SCase1|R v Brertton, <Br> [http://canlii.ca/t/fz46s 2013 BCSC 1029] (CanLII){{perBCSC|Holmes J}} | 7 years | {{SummaryPending}} }}


{{SCase1|R v Yusuf, <Br>[http://canlii.ca/t/frgwf 2012 ONSC 2421] (CanLII) | 6.5 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v Yusuf, <Br>[http://canlii.ca/t/frgwf 2012 ONSC 2421] (CanLII){{perONSC|Ratushny J}} | 6.5 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v Abel,<br>[http://canlii.ca/t/fq8wp 2012 NLTD 27] (CanLII) | 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 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) aff'd [http://canlii.ca/t/g623b 2014 ABCA 88] (CanLII) | 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){{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 Ipeelee,<Br> [http://canlii.ca/t/fqq00 2012 SCC 13] (CanLII) | | {{SummaryPending}} }}
{{SCase1|R v Ipeelee,<Br> [http://canlii.ca/t/fqq00 2012 SCC 13] (CanLII){{perSCC|LeBel J}} | | {{SummaryPending}} }}


{{SCase1|R v Jiwa<br>[http://canlii.ca/t/fs8qf 2012 ONCA 532] (CanLII) | 12 years | manslaughter of police detective, dangerous op. of motor vehicle}}
{{SCase1|R v Jiwa<br>[http://canlii.ca/t/fs8qf 2012 ONCA 532] (CanLII){{perONCA|Gillese J}} | 12 years | manslaughter of police detective, dangerous op. of motor vehicle}}


{{SCase1|R v Mason<br> [http://canlii.ca/t/frv65 2012 MBCA 71] (CanLII) | life | set fire to rooming house, kills 2 people}}
{{SCase1|R v Mason<br> [http://canlii.ca/t/frv65 2012 MBCA 71] (CanLII){{perMBCA|Chartier JA}} | life | set fire to rooming house, kills 2 people}}


{{SCase1|R v Friday<br>[http://canlii.ca/t/frm72 2012 ABQB 371] (CanLII) | 4 years | The offender plead guilty to manslaughter. He and victim drinking heavily, got into argument, offender stabbed him and left him outside in snow and died--offender was aboriginal}}
{{SCase1|R v Friday<br>[http://canlii.ca/t/frm72 2012 ABQB 371] (CanLII){{perABQB|Burrows J}} | 4 years | The offender plead guilty to manslaughter. He and victim drinking heavily, got into argument, offender stabbed him and left him outside in snow and died--offender was aboriginal}}


{{SCase1|R v Bissonette<br> [http://canlii.ca/t/frrt8 2012 ABPC 170] (CanLII) | 5 years | lesser party in manslaughter--victim beaten in head multiple times with a 2x4 plank of wood--principal received 8 years}}
{{SCase1|R v Bissonette<br> [http://canlii.ca/t/frrt8 2012 ABPC 170] (CanLII){{perABPC|Redman J}} | 5 years | lesser party in manslaughter--victim beaten in head multiple times with a 2x4 plank of wood--principal received 8 years}}


{{SCase1|R v Vallee<br>[http://canlii.ca/t/frk1q 2012 BCPC 167] (CanLII)| 4 years |}}
{{SCase1|R v Vallee<br>[http://canlii.ca/t/frk1q 2012 BCPC 167] (CanLII){{perBCPC|MacKay J}}| 4 years |}}


{{SCase1|R v MacFarlane,<br>[http://canlii.ca/t/fpvx8 2012 ONCA 82] (CanLII) | 2 years less a day | The offender was party to chasing down, beating and stabbing the victim in the heart. The co-accused was the one who held the knife. }}
{{SCase1|R v MacFarlane,<br>[http://canlii.ca/t/fpvx8 2012 ONCA 82] (CanLII){{TheCourt}} | 2 years less a day | The offender was party to chasing down, beating and stabbing the victim in the heart. The co-accused was the one who held the knife. }}


{{SCase1|R v McConnell<br>[http://canlii.ca/t/frldk 2012 ABQB 369] (CanLII) | 6 years | mother drowns her two children}}
{{SCase1|R v McConnell<br>[http://canlii.ca/t/frldk 2012 ABQB 369] (CanLII){{perABQB|Crighton J}} | 6 years | mother drowns her two children}}


{{SCase1|R v Prince<br>[http://canlii.ca/t/fgb8w 2012 BCSC 293] (CanLII)| 7 to 10 years | manslaughter robbery}}
{{SCase1|R v Prince<br>[http://canlii.ca/t/fqb8w 2012 BCSC 293] (CanLII){{perBCSC|Griffin J}}| 7 to 10 years | manslaughter robbery}}


{{SCase1|R v Rodgers<br>[http://canlii.ca/t/fqd86 2012 SKQB 80] (CanLII)| 7.5 years | }}
{{SCase1|R v Rodgers<br>[http://canlii.ca/t/fqd86 2012 SKQB 80] (CanLII){{perSKQB|Allbright J}}| 7.5 years | }}


{{SCase1|R v Abel<br>[http://canlii.ca/t/fq8wp 2012 NLTD 27] (CanLII)| 7 years |}}
{{SCase1|R v Abel<br>[http://canlii.ca/t/fq8wp 2012 NLTD 27] (CanLII){{perNLSC|Stack J}}| 7 years |}}


{{SCase1|R v Pelkey,<Br>[http://canlii.ca/t/frkpc 2012 BCSC 815] (CanLII) | 10 years | The offender was 29 years old and was mildly handicapped. He beat a man to death while drunk.}}
{{SCase1|R v Pelkey,<Br>[http://canlii.ca/t/frkpc 2012 BCSC 815] (CanLII){{perBCSC|Macaulay J}} | 10 years | The offender was 29 years old and was mildly handicapped. He beat a man to death while drunk.}}


{{SCase1|R v Valente<br> [http://canlii.ca/t/fqfh9 2012 ABQB 151] (CanLII)| 4 years |{{SummaryPending}} }}
{{SCase1|R v Valente<br> [http://canlii.ca/t/fqfh9 2012 ABQB 151] (CanLII){{perABQB|Ross J}}| 4 years |{{SummaryPending}} }}


{{SCase1|R v Jamieson<br> [http://canlii.ca/t/fq621 2012 ONSC 1114] (CanLII)| 12 years| manslaughter by stabbing}}
{{SCase1|R v Jamieson<br> [http://canlii.ca/t/fq621 2012 ONSC 1114] (CanLII){{perONSC|Ray J}}| 12 years| manslaughter by stabbing}}


{{SCase1|R v Dingwell, <Br>[http://canlii.ca/t/fr3xj 2012 PESC 13] (CanLII) | 5.5 years | {{SummaryPending}}}}
{{SCase1|R v Dingwell, <Br>[http://canlii.ca/t/fr3xj 2012 PESC 13] (CanLII){{perPEISC|Mitchell J}} | 5.5 years | {{SummaryPending}}}}


{{SCase1|R v Peynado<br> [http://canlii.ca/t/fpdcw 2011 BCCA 524] (CanLII) | 9 years | appeal from 11 years; manslaughter from home invasion robbery}}
{{SCase1|R v Peynado<br> [http://canlii.ca/t/fpdcw 2011 BCCA 524] (CanLII){{perBCCA|Neilson JA}} (2:1) | 9 years | appeal from 11 years; manslaughter from home invasion robbery}}


{{SCase1|R v Kanate<br> [http://canlii.ca/t/fpg90 2011 ONCJ 770] (CanLII)| 7 years |{{SummaryPending}}}}
{{SCase1|R v Kanate<br> [http://canlii.ca/t/fpg90 2011 ONCJ 770] (CanLII){{perONCJ|DiGiuseppe J}}| 7 years |{{SummaryPending}}}}


{{SCase1|R v Abraham<br>[http://canlii.ca/t/fpbnw 2011 MBQB 299] (CanLII) | 5 years | The offender beat the victim and left him dying on the side of the road in winter. }}
{{SCase1|R v Abraham<br>[http://canlii.ca/t/fpbnw 2011 MBQB 299] (CanLII){{perMBQB|McKelvey J}} | 5 years | The offender beat the victim and left him dying on the side of the road in winter. }}


{{SCase1|R v Melissa Alexander<br> [http://canlii.ca/t/fp7nb 2011 ONSC 6839] (CanLII)| 11 years | manslaughter; kills child}}
{{SCase1|R v Melissa Alexander<br> [http://canlii.ca/t/fp7nb 2011 ONSC 6839] (CanLII){{perONSC|Molloy J}}| 11 years | manslaughter; kills child}}


{{SCase1|R v Sinclair<br> [http://canlii.ca/t/fnmcb 2011 ABQB 652] (CanLII) | 5 years |{{SummaryPending}}}}
{{SCase1|R v Sinclair<br> [http://canlii.ca/t/fnmcb 2011 ABQB 652] (CanLII){{perABQB|Burrows J}} | 5 years |{{SummaryPending}}}}


{{SCase1| R v Hickey <br>[http://canlii.ca/t/flfsh 2011 NSSC 186] (CanLII) | 3.5 years | bar fight, punch results in death}}
{{SCase1| R v Hickey <br>[http://canlii.ca/t/flfsh 2011 NSSC 186] (CanLII){{perNSSC|Cacchione J}} | 3.5 years | bar fight, punch results in death}}


{{SCase1|R v Roks<br>[http://canlii.ca/t/fn7h4 2011 ONCA 618] (CanLII)| 10 years | planned arson results in death}}
{{SCase1|R v Roks<br>[http://canlii.ca/t/fn7h4 2011 ONCA 618] (CanLII){{perONCA|Watt JA}}| 10 years | planned arson results in death}}


{{SCase1|R v Grattan<br> [http://canlii.ca/t/2fvg9 2011 BCSC 217] (CanLII)| 9 years | manslaughter home invasion robbery}}
{{SCase1|R v Grattan<br> [http://canlii.ca/t/2fvg9 2011 BCSC 217] (CanLII){{perBCSC|Grist J}}| 9 years | manslaughter home invasion robbery}}
{{SCase1|R v Hussein,<Br> [http://canlii.ca/t/fnm99 2011 ABQB 601] (CanLII){{perABQB|Wittmann CJ}}|6.5 years | {{SummaryPending}}}}


{{SCase1|R v Hussein,<Br> [http://canlii.ca/t/fnm99 2011 ABQB 601] (CanLII)|6.5 years | {{SummaryPending}}}}
{{SCase1|R v George, <Br>[http://canlii.ca/t/2d7j2 2010 ONSC 6017] (CanLII){{perONSC|Pierce J}} | 7 years | The offender pleaded guilty to beating victim to death while intoxicated. He hit his friend in the head multiple times until death. He was 20 years old and diagnosed with FASD. }}


{{SCase1|R v George, <Br>[http://canlii.ca/t/2d7j2 2010 ONSC 6017] (CanLII) | 7 years | The offender pleaded guilty to beating victim to death while intoxicated. He hit his friend in the head multiple times until death. He was 20 years old and diagnosed with FASD. }}
{{SCase1|R v Sunshine, <br> 2010 BCSC 578{{NOCANLII}}; [http://canlii.ca/t/g8htc 2014 BCCA 318] (CanLII); [2015] S.C.C.A. No. 185{{perBCCA|Saunders JA}}| | {{SummaryPending}} }}


{{SCase1|R v Sunshine, <br> 2010 BCSC 578; [http://canlii.ca/t/g8htc 2014 BCCA 318] (CanLII); [2015] S.C.C.A. No. 185| | {{SummaryPending}} }}
{{SCase1|R v Hennessey,<br> [http://canlii.ca/t/2cqhj 2010 ABCA 274] (CanLII){{perABCA|Cote JA}} | 12 and 15 years | The two offenders collaborated with another offender who killed 4 RCMP officers}}  
 
{{SCase1|R v Hennessey,<br> [http://canlii.ca/t/2cqhj 2010 ABCA 274] (CanLII) | 12 and 15 years | The two offenders collaborated with another offender who killed 4 RCMP officers}}  


{{SCaseEnd}}
{{SCaseEnd}}
Line 158: Line 158:
{{SCaseHeader}}
{{SCaseHeader}}


{{SCase1|R v Brisson <br> [http://canlii.ca/t/26s3w 2009 BCSC 1606] (CanLII)| 5 years | victim threatened the offender with a baseball bat. The offender responded by grabbing a kitchen knife and stabbed the victim 13 times. Jury convicted of manslaughter and acquitted of second degree murder.}}
{{SCase1|R v Brisson <br> [http://canlii.ca/t/26s3w 2009 BCSC 1606] (CanLII){{perBCSC|Joyce J}}| 5 years | victim threatened the offender with a baseball bat. The offender responded by grabbing a kitchen knife and stabbed the victim 13 times. The jury convicted of manslaughter and acquitted of second degree murder.}}


{{SCase1|R v Ryczak,<Br> [2009] O.J. No. 1480 (Ont. C.A.), [http://canlii.ca/t/233v7 2009 ONCA 311] (CanLII) | 30 months | }}
{{SCase1|R v Ryczak,<Br> [2009] O.J. No. 1480 (Ont. C.A.), [http://canlii.ca/t/233v7 2009 ONCA 311] (CanLII){{perONCA|Cronk JA}} | 30 months | }}


{{SCase1|R v Quinlan, <br> [http://canlii.ca/t/25tgj 2009 BCSC 1327] (CanLII) | 3 years 11 months | }}
{{SCase1|R v Quinlan, <br> [http://canlii.ca/t/25tgj 2009 BCSC 1327] (CanLII){{perBCSC|Joyce J}} | 3 years 11 months | }}


{{SCase1|R v MacNeil, <Br>[http://canlii.ca/t/26bdt 2009 NSSC 310] (CanLII) | 7 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v MacNeil, <Br>[http://canlii.ca/t/26bdt 2009 NSSC 310] (CanLII){{perNSSC|S MacDonald J}} | 7 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v McDougall,<br>[http://canlii.ca/t/26w95 2009 MBQB 299] (CanLII) | 3 years | The offender stabbed her husband.}}
{{SCase1|R v McDougall,<br>[http://canlii.ca/t/26w95 2009 MBQB 299] (CanLII){{perMBQB|Joyce ACJ}} | 3 years | The offender stabbed her husband.}}


{{SCase1|R v Aubin<br>[http://canlii.ca/t/1wcgb 2008 BCSC 400] (CanLII)| 5 years | }}
{{SCase1|R v Aubin<br>[http://canlii.ca/t/1wcgb 2008 BCSC 400] (CanLII){{perBCSC|Barrow J}}| 5 years | }}


{{SCase1|R v Andrew, <br> [http://canlii.ca/t/1wgqs 2008 BCCA 141] (CanLII) | 2 years, 5 months | {{SummaryPending}} }}  
{{SCase1|R v Andrew, <br> [http://canlii.ca/t/1wgqs 2008 BCCA 141] (CanLII){{perBCCA|Tysoe JA}} | 2 years, 5 months | {{SummaryPending}} }}  


{{SCase1|R v Jack,<br>[http://canlii.ca/t/21dvd 2008 BCCA 437] (CanLII) | 3 years | The offender lured the victim outside and then beat him. Others took over beating which resulted in death.  }}
{{SCase1|R v Jack,<br>[http://canlii.ca/t/21dvd 2008 BCCA 437] (CanLII){{perBCCA|Chiasson JA}} | 3 years | The offender lured the victim outside and then beat him. Others took over beating which resulted in death.  }}


{{SCase1|R v Willier,<br>[http://canlii.ca/t/1vjkt 2008 ABCA 33] (CanLII) | 8 years | }}
{{SCase1|R v Willier,<br>[http://canlii.ca/t/1vjkt 2008 ABCA 33] (CanLII){{perABCA|}} | 8 years | }}


{{SCase1|R v Kokopenace, <br>[2008] O.J. No. 4582 (Ont. Sup. Ct.), [http://canlii.ca/t/21kkf 2008 CanLII 59322] (ON SC) | 7.5 years | }}
{{SCase1|R v Kokopenace, <br>[2008] O.J. No. 4582 (Ont. Sup. Ct.), [http://canlii.ca/t/21kkf 2008 CanLII 59322] (ON SC){{perONSC|Stach J}} | 7.5 years | }}


{{SCase1|R v Prevost<br>[2008] OJ No 3609 (SC), [http://canlii.ca/t/20rv9 2008 CanLII 46920] (ON SC)| 8 years | The offender beat his uncle to death while under the influence of alcohol and cocaine. He was 32 years old. }}
{{SCase1|R v Prevost<br>[2008] OJ No 3609 (SC), [http://canlii.ca/t/20rv9 2008 CanLII 46920] (ON SC){{perONSC|T Ducharme J}}| 8 years | The offender beat his uncle to death while under the influence of alcohol and cocaine. He was 32 years old. }}


{{SCase1|R v Isenor <br> [http://canlii.ca/t/1vgvc 2007 NSPC 70] (CanLII) | 3 years (global) | Offender also charged with impaired driving. Offender punched accused in response to harassment. }}
{{SCase1|R v Isenor <br> [http://canlii.ca/t/1vgvc 2007 NSPC 70] (CanLII){{perNSPC|Derrick J}} | 3 years (global) | Offender also charged with impaired driving. Offender punched accused in response to harassment. }}


{{SCase1|R v Tower, <Br>[http://canlii.ca/t/1rkp7 2007 NSSC 60] (CanLII) | 5 years | }}
{{SCase1|R v Tower, <Br>[http://canlii.ca/t/1rkp7 2007 NSSC 60] (CanLII){{perNSSC|Wright J}} | 5 years | }}


{{SCase1|R v MacDonald <br> [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII)| 7.5 years | home invasion}}
{{SCase1|R v MacDonald <br> [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII){{perBCCA|Prowse JA}}| 7.5 years | home invasion}}


{{SCase1|R v Lampe<br>[http://canlii.ca/t/1rvsz 2007 NLTD 116] (CanLII) | 4 years | Offender got into a fist fight with his adoptive brother. The fight was partially started by the brother. Offender hit the brother multiple times in the head and face including while the brother was intoxicated and lying on a bed. }}
{{SCase1|R v Lampe<br>[http://canlii.ca/t/1rvsz 2007 NLTD 116] (CanLII){{perNLSC|Fowler J}} | 4 years | Offender got into a fist fight with his adoptive brother. The fight was partially started by the brother. Offender hit the brother multiple times in the head and face including while the brother was intoxicated and lying on a bed. }}


{{SCase1|R v Francis, <Br>[http://canlii.ca/t/1s07g2 007 NSSC 184] (CanLII) | 7 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v Francis, <Br>[http://canlii.ca/t/1s07g 2007 NSSC 184] (CanLII){{perNSSC|Warner J}} | 7 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v Thomas <br> [http://canlii.ca/t/1t7qp 2007 BCSC 1530] (CanLII)| 9 years | home invasion}}
{{SCase1|R v Thomas <br> [http://canlii.ca/t/1t7qp 2007 BCSC 1530] (CanLII){{perBCSC|Beames J}}| 9 years | home invasion}}


{{SCase1|R v Commanda, <br> [http://canlii.ca/t/1ql7r 2007 ABPC 51] (CanLII)| 10 years (global)<br> 8 years (manslaughter) <br> 2 years (dismember)| The offender plead guilty to manslaughter and indignity to a human body. The victim was his close friend. The two were intoxicated and got into a fight, initiated by the victim who attacked the offender with a knife. The offender attempted to defend himself but used excessive force. He dismembered the body and dumped them in various dumpsters in the city. He was 23 years old and identified as Metis.}}
{{SCase1|R v Commanda, <br> [http://canlii.ca/t/1ql7r 2007 ABPC 51] (CanLII){{perABPC|Bascom J}}| 10 years (global)<br> 8 years (manslaughter) <br> 2 years (dismember)| The offender plead guilty to manslaughter and indignity to a human body. The victim was his close friend. The two were intoxicated and got into a fight, initiated by the victim who attacked the offender with a knife. The offender attempted to defend himself but used excessive force. He dismembered the body and dumped them in various dumpsters in the city. He was 23 years old and identified as Metis.}}


{{SCase1|R v Peers and Harding<br> [http://canlii.ca/t/1qfgd 2006 BCSC 1971] (CanLII)| life (12 years) | home invasion}}
{{SCase1|R v Peers and Harding<br> [http://canlii.ca/t/1qfgd 2006 BCSC 1971] (CanLII){{perBCSC|Barrow J}}| life (12 years) | home invasion}}


{{SCase1|R v Reid<br>[http://canlii.ca/t/1pp2s 2006 BCSC 456] (CanLII)| 7 years |}}
{{SCase1|R v Reid<br>[http://canlii.ca/t/1pp2s 2006 BCSC 456] (CanLII){{perBCSC|Halfyard J}}| 7 years |}}


{{SCase1|R v Crossley<br>[http://canlii.ca/t/1lnnj 2005 BCSC 1297] (CanLII)| 7 years |}}
{{SCase1|R v Crossley<br>[http://canlii.ca/t/1lnnj 2005 BCSC 1297] (CanLII){{perBCSC|Davies J}}| 7 years |}}


{{SCase1|R v Billings<br> [http://canlii.ca/t/1h4rt 2004 BCSC 653] (CanLII)| 6 years |}}
{{SCase1|R v Billings<br> [http://canlii.ca/t/1h4rt 2004 BCSC 653] (CanLII){{perBCSC|Romilly J}}| 6 years |}}


{{SCase1|R v Barton<br>[http://canlii.ca/t/5bwn 2003 BCCA 206] (CanLII)| 11 years | manslaughter and robbery}}
{{SCase1|R v Barton<br>[http://canlii.ca/t/5bwn 2003 BCCA 206] (CanLII){{perBCCA|Levine JA}}| 11 years | manslaughter and robbery}}


{{SCase1|R v MacMillan <br>[http://canlii.ca/t/58f6 2003 BCCA 372] (CanLII)| 7 years |}}
{{SCase1|R v MacMillan <br>[http://canlii.ca/t/58f6 2003 BCCA 372] (CanLII){{perBCCA|Smith JA}}| 7 years |}}


{{SCase1|R v Clemons, <Br> [http://canlii.ca/t/5c73 2003 MBCA 51] (CanLII) | conditional sentence |  }}  
{{SCase1|R v Clemons, <Br> [http://canlii.ca/t/5c73 2003 MBCA 51] (CanLII){{perMBCA|Monnin JA}} | conditional sentence |  }}  


{{SCase1|R v Couterielle,<br> [http://canlii.ca/t/5794 2003 ABPC 141] (CanLII)| 6.5 years | The offender pleaded guilty to manslaughter. He stabbed the victim twice, the second stab punctured the victim's lung that resulted in death. }}
{{SCase1|R v Couterielle,<br> [http://canlii.ca/t/5794 2003 ABPC 141] (CanLII){{perABPC|Caffaro J}}| 6.5 years | The offender pleaded guilty to manslaughter. He stabbed the victim twice, the second stab punctured the victim's lung that resulted in death. }}


{{SCase1|R v Gray <br>(2003), 338 A.R. 270 (Alta. Q.B.), Gray, [http://canlii.ca/t/h2r4n 2003 ABQB 473] (CanLII)| 5 years | The offender pleaded guilty to manslaughter. The victim and offender were both highly intoxicated. They got into fight outside of a bar. The offender stabs the victim once in the chest and then chased the victim to a gas station while shouting death threats. The offender was on bail at the time. }}
{{SCase1|R v Gray <br>(2003), 338 A.R. 270 (Alta. Q.B.), Gray, [http://canlii.ca/t/h2r4n 2003 ABQB 473] (CanLII){{perABQB|Watson J}}| 5 years | The offender pleaded guilty to manslaughter. The victim and offender were both highly intoxicated. They got into fight outside of a bar. The offender stabs the victim once in the chest and then chased the victim to a gas station while shouting death threats. The offender was on bail at the time. }}


{{SCase1|R v Henry, <Br>[http://canlii.ca/t/4v1h 2002 NSCA 33] (CanLII) | 4 years | }}
{{SCase1|R v Henry, <Br>[http://canlii.ca/t/4v1h 2002 NSCA 33] (CanLII){{perNSCA|Roscoe JA}} | 4 years | }}


{{SCase1|R v Cascisa,<Br> [http://canlii.ca/t/1f89s 2001 MBCA 168] (CanLII) | 2 years less a day | The offender knocked out and kicked the victim in the head. The attack was provoked. }}
{{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) aff'd [http://canlii.ca/t/1tgc0 2003 ABCA 228] (CanLII) | 10 years | The offender was a doctor in a vicious rivalry with another doctor who disappeared mysteriously. [Veit J]}}
{{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.}}


{{SCaseEnd}}
{{SCaseEnd}}
Line 223: Line 223:
{{SCaseHeader}}
{{SCaseHeader}}


{{SCase1|R v Poucette,<Br> [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII) |  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){{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 Maxwell<br> [http://canlii.ca/t/543k 1999 BCCA 648] (CanLII) | 17 years | manslaughter during a home invasion robbery}}
{{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) | | {{SummaryPending}} }}
{{SCase1|R v Poucette, [http://canlii.ca/t/5s1v 1999 ABCA 305] (CanLII){{TheCourt}} | | {{SummaryPending}} }}


{{SCase1|R v Gladue, <br>[http://canlii.ca/t/1fqp2 1999 CanLII 679] (SCC), [1999] 1 S.C.R. 688 | | {{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}} }}


{{SCase1|R v King, <Br>[http://canlii.ca/t/1f13p 1999 CanLII 1551] (NS SC), [1999] NSJ 318 (SC)| 5 years |Joint recommendation }}
{{SCase1|R v King, <Br>[http://canlii.ca/t/1f13p 1999 CanLII 1551] (NS SC), [1999] NSJ 318 (SC){{perNSSC|Kelly J}}| 5 years |Joint recommendation }}


{{SCase1|R v Kutschera<br> [http://canlii.ca/t/540q 1999 BCCA 748] (CanLII) | 12 years | home invasion robbery}}
{{SCase1|R v Kutschera<br> [http://canlii.ca/t/540q 1999 BCCA 748] (CanLII){{perBCCA|Southin JA}} | 12 years | home invasion robbery}}


{{SCase1|R v Graham, <Br>[http://canlii.ca/t/1mm50 1997 CanLII 9925] (NS SC), [1997] NSJ 139 (SC) | 4 years | {{SummaryPending}} }}
{{SCase1|R v Graham, <Br>[http://canlii.ca/t/1mm50 1997 CanLII 9925] (NS SC), [1997] NSJ 139 (SC){{perNSSC|Goodfellow J}} | 4 years | {{SummaryPending}} }}


{{SCase1|R v Osmond <br>[http://canlii.ca/t/g091c 1996 CanLII 11730] (NLSCTD) | 6 years | Offender got in a fist fight with victim, offender pulls out a knife and stabs the victim to death. Jury convicts of manslaughter and acquits of second degree murder.}}
{{SCase1|R v Osmond <br>[http://canlii.ca/t/g091c 1996 CanLII 11730] (NLSCTD){{perNLSC|Easton J}} | 6 years | Offender got in a fist fight with victim, offender pulls out a knife and stabs the victim to death. Jury convicts of manslaughter and acquits of second degree murder.}}


{{SCase1|R v G.A.M., <Br>[http://canlii.ca/t/1mptv 1996 CanLII 5582] (NSCA) | 5 years | {{SummaryPending}} }}
{{SCase1|R v G.A.M., <Br>[http://canlii.ca/t/1mptv 1996 CanLII 5582] (NSCA){{perNSCA|Pugsley JA}} | 5 years | {{SummaryPending}} }}


{{SCase1|R v Whynot, <Br>[http://canlii.ca/t/1mptf 1996 CanLII 5569] (NS CA), [1996] NSJ 12 (CA) | 5 years |  {{SummaryPending}} }}
{{SCase1|R v Whynot, <Br>[http://canlii.ca/t/1mptf 1996 CanLII 5569] (NS CA), [1996] NSJ 12 (CA){{perNSCA|Pugsley JA}} | 5 years |  {{SummaryPending}} }}


{{SCase1|R v Johnny, <Br>[http://canlii.ca/t/1dczx 1994 CanLII 622] (BC CA), [1994] BCJ 1373 (CA) | 6 months | {{SummaryPending}} }}
{{SCase1|R v Johnny, <Br>[http://canlii.ca/t/1dczx 1994 CanLII 622] (BC CA), [1994] BCJ 1373 (CA){{perBCCA|Legg JA}} | 6 months | {{SummaryPending}} }}


{{SCase1|R v Csincsa,<Br>[1993] MJ No 237 (MBCA){{NOCANLII}} | 8 years | The offender assaulted an intoxicated older man. The judge found that this was "close to murder".}}
{{SCase1|R v Csincsa,<Br>[1993] MJ No 237 (MBCA){{NOCANLII}} | 8 years | The offender assaulted an intoxicated older man. The judge found that this was "close to murder".}}
Line 251: Line 251:
{{SCase1|R v Campbell, <Br>(1991) 75 Man R. (2d) 60 (CA){{NOCANLII}} | 10 years | Offender pleaded guilty to beating victim to death while intoxicated.}}
{{SCase1|R v Campbell, <Br>(1991) 75 Man R. (2d) 60 (CA){{NOCANLII}} | 10 years | Offender pleaded guilty to beating victim to death while intoxicated.}}


{{SCase1|R v Boucher,<Br> [http://canlii.ca/t/2dscp 1991 ABCA 223] (CanLII), 117 AR 264 | life | The offender killed an elderly victim while committing a home invasion.}}
{{SCase1|R v Boucher,<Br> [http://canlii.ca/t/2dscp 1991 ABCA 223] (CanLII), 117 AR 264{{TheCourt}} | life | The offender killed an elderly victim while committing a home invasion.}}


{{SCase1|R v Nienhuis,<br> [http://canlii.ca/t/2dscd 1991 ABCA 238] (CanLII) | life | The offender assaulted and strangled the victim to unconsciousness and then left for dead.}}
{{SCase1|R v Nienhuis,<br> [http://canlii.ca/t/2dscd 1991 ABCA 238] (CanLII){{perABCA|Hetherington JA}} | life | The offender assaulted and strangled the victim to unconsciousness and then left for dead.}}


{{SCase1|R v Jacobs, <Br>[1989] NSJ 362 (CA){{NOCANLII}} | 7 years |  {{SummaryPending}} }}
{{SCase1|R v Jacobs, <Br>[1989] NSJ 362 (CA){{NOCANLII}} | 7 years |  {{SummaryPending}} }}
Line 269: Line 269:
{{SCaseHeader}}
{{SCaseHeader}}


{{SCase1|R v Rahman<br> [http://canlii.ca/t/fs9qt 2012 NSSC 303] (CanLII)| 6.5 years |father hit newborn child multiple times causing death}}
{{SCase1|R v Rahman<br> [http://canlii.ca/t/fs9qt 2012 NSSC 303] (CanLII){{perNSSC|Cacchione J}}| 6.5 years |father hit newborn child multiple times causing death}}


{{SCase1|R v Tippett<br> [http://canlii.ca/t/fn313 2011 NLTD(G) 119] (CanLII) | 5 years | Offender hit infant in the head, killing child with a single blow. Offender denied responsibility. Jury convicted of manslaughter.  }}
{{SCase1|R v Tippett<br> [http://canlii.ca/t/fn313 2011 NLTD(G) 119] (CanLII){{perNLSC|Seaborn J}} | 5 years | Offender hit infant in the head, killing child with a single blow. Offender denied responsibility. Jury convicted of manslaughter.  }}


{{SCase1|R v Choy<br> [http://canlii.ca/t/23vg7 2009 ABQB 343] (CanLII)| 3 years | foster mother fought with 3 and a half year old child. Child hit his head on a toilet bowl and died. Signs of prior abuse.  }}
{{SCase1|R v Choy<br> [http://canlii.ca/t/23vg7 2009 ABQB 343] (CanLII){{perABQB|Marceau J}}| 3 years | foster mother fought with 3 and a half year old child. Child hit his head on a toilet bowl and died. Signs of prior abuse.  }}


{{SCase1| R v Whitehawk,<br>[http://canlii.ca/t/2btpg 2010 SKCA 94] (CanLII), (2010), 359 Sask. R. 105 | 10 years | violence upon infant daughter over several days. 26 prior convictions, 7 for violence.}}
{{SCase1| R v Whitehawk,<br>[http://canlii.ca/t/2btpg 2010 SKCA 94] (CanLII), (2010), 359 Sask. R. 105{{perSKCA|Ottenbreit JA}} | 10 years | violence upon infant daughter over several days. 26 prior convictions, 7 for violence.}}


{{SCase1|R v Ellahib, <Br> [http://canlii.ca/t/2088f 2008 ABCA 281] (CanLII) | 15, 16, and 20 years | One offender hired the other two to burn the victim's house down. The fire killed two children.}}
{{SCase1|R v Ellahib, <Br> [http://canlii.ca/t/2088f 2008 ABCA 281] (CanLII){{perABCA|Rowbotham JA}} | 15, 16, and 20 years | One offender hired the other two to burn the victim's house down. The fire killed two children.}}


{{SCase1|R v Da Silva,<br>[http://canlii.ca/t/1m699 2005 CanLII 46380] (ON CA), (2005), 203 CCC (3d) 1 | 3 years | mother abandoned her child who died of starvation several times over 4 days. Child died of dehydration. Sentence was in the "low" end of the range.}}
{{SCase1|R v Da Silva,<br>[http://canlii.ca/t/1m699 2005 CanLII 46380] (ON CA), (2005), 203 CCC (3d) 1{{TheCourt}} | 3 years | mother abandoned her child who died of starvation several times over 4 days. Child died of dehydration. Sentence was in the "low" end of the range.}}


{{SCase1|R v Elliot,<br> [http://canlii.ca/t/1gxsl 2004 BCCA 220] (CanLII)| 10 years | malnourishment and physical abuse of child.}}
{{SCase1|R v Elliot,<br> [http://canlii.ca/t/1gxsl 2004 BCCA 220] (CanLII){{perBCCA|Hall JA}}| 10 years | malnourishment and physical abuse of child.}}


{{SCase1|R v Stewart,<br> [http://canlii.ca/t/1g86q 2003 NSCA 150] (CanLII), (2003), 221 N.S.R. (2d) 205 (NSCA) | 54 months | offender shook his girlfriend's two year old daughter causing death.}}
{{SCase1|R v Stewart,<br> [http://canlii.ca/t/1g86q 2003 NSCA 150] (CanLII), (2003), 221 N.S.R. (2d) 205 (NSCA){{perNSCA|Oland JA}} | 54 months | offender shook his girlfriend's two year old daughter causing death.}}


{{SCase1|R v Fujii,<br> [http://canlii.ca/t/5jc1 2002 ABQB 805] (CanLII)| 8 years | mother abandoned her two infant children for 10 days. Children died by dehydration and starvation. The offender had no prior record and suffered from depression and a borderline personality disorder.  }}
{{SCase1|R v Fujii,<br> [http://canlii.ca/t/5jc1 2002 ABQB 805] (CanLII){{perABQB|Martin J}}| 8 years | mother abandoned her two infant children for 10 days. Children died by dehydration and starvation. The offender had no prior record and suffered from depression and a borderline personality disorder.  }}


{{SCase1|R v Sangha, <Br> [http://canlii.ca/t/5m7b 2001 ABQB 373] (CanLII) | 9 years | The offender plead guilty to manslaughter. He had gone out drinking with the victim and invited him to stay at his house. The roommate found the victim stabbed 10 times throughout the body. The victim had also been strangled.  The offender was 45 years old with 17 prior convictions, all relating to alcohol. }}
{{SCase1|R v Sangha, <Br> [http://canlii.ca/t/5m7b 2001 ABQB 373] (CanLII){{perABQB|Martin J}} | 9 years | The offender plead guilty to manslaughter. He had gone out drinking with the victim and invited him to stay at his house. The roommate found the victim stabbed 10 times throughout the body. The victim had also been strangled.  The offender was 45 years old with 17 prior convictions, all relating to alcohol. }}


{{SCase1|R v Brake,<br> [http://canlii.ca/t/1n9j5 2000 NFCA 37] (CanLII) | 5 years | Offender struck a child in his head causing death. Guilty plea to manslaughter.}}
{{SCase1|R v Brake,<br> [http://canlii.ca/t/1n9j5 2000 NFCA 37] (CanLII){{perNLCA|Gushue JA}} | 5 years | Offender struck a child in his head causing death. Guilty plea to manslaughter.}}


{{SCaseEnd}}
{{SCaseEnd}}

Revision as of 19:57, 2 December 2018

Manslaughter

Case Digests

See also: Homicide (Sentencing Cases)

2010 to present

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

2000 to 2009

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

1980 to 1999

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

Child Victim

Template:SCaseHeader

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

Template:SCase1

|}

Retrieved from "https://criminalnotebook.ca/index.php?title=Manslaughter_(Sentencing_Cases)&oldid=11338"