Manslaughter (Sentencing Cases): Difference between revisions

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 {{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){{perBCSC|DeWitt-Van Oosten J}} {{JailY|7.5}} {{SummaryPending}} }}
+{{SCase1|''R v Carte'', <br> [http://canlii.ca/t/hpkqq 2017 BCSC 2421] (CanLII){{perBCSC|DeWitt-Van Oosten J}} |{{JailY|7.5}} | {{SummaryPending}} }}
 {{SCase1|''R v Johnson'', <br> [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII){{perBCSC|Donegan J}} | | {{SummaryPending}} }}
@@ Line 41: / Line 41: @@
 {{SCase1|''R v Kidder'', <br>[http://canlii.ca/t/gs1vs 2016 ABPC 136] (CanLII){{perABPC|Allen J}} | {{JailY|6}} | 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){{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 Quinn'', <br>[http://canlii.ca/t/grv2r 2016 ABPC 121] (CanLII){{perABPC|Allen J}} | {{JailY|5}} (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){{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 Denny'',<br>[http://canlii.ca/t/gp2h1 2016 NSSC 76] (CanLII){{perNSSC|Rosinski J}} | {{JailY|8}} (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){{perBCCA|Newbury JA}} | {{JailY|6}} | Offender found guilty of beating victim to death while intoxicated.}}
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 {{SCase1|''R v Tanasescu'', <br>[http://canlii.ca/t/gftr7 2014 BCCA 479] (CanLII){{perBCCA|Willcock JA}} | {{JailY|9}} | 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){{perONSC|Daley J}}| 8.5 years| {{SummaryPending}}}}
+{{SCase1|R v Bal & Sidhu,<br> [http://canlii.ca/t/g73d8 2014 ONSC 3063] (CanLII){{perONSC|Daley J}}| {{JailY|8.5}} | {{SummaryPending}}}}
 {{SCase1|R v Abraham and Starr,<br> [http://canlii.ca/t/fpbnw 2011 MBQB 299] (CanLII){{perMBQB|McKelvey J}} | {{JailY|9}} |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){{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 Holloway'',<br> [http://canlii.ca/t/g623h 2014 ABCA 87] (CanLII){{TheCourtABCA}} (2:1) | {{JailY|8}} |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 Hanley'', <br>[http://canlii.ca/t/g84m1 2014 BCSC 1373] (CanLII){{perBCSC|Arnold-Bailey J}} | {{JailY|10}} | 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){{perABQB|Jerke J}} | 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}} | {{JailY|7.5}} (manslaughter)<br> 1 year (assault) | {{SummaryPending}} }}
 {{SCase1|''R v Cioppa'',<br>[http://canlii.ca/t/fwch0 2013 ONSC 1242] (CanLII){{perONSC|Nordheimer J}} | {{JailY|8}} | 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 SDC'',<br>[http://canlii.ca/t/fw0lf 2013 ABCA 46] (CanLII){{perABCA|Ritter JA}} {{JailY|7.5}} The offender had sole custody of her 4 year old niece. She beat her to death.}}
+{{SCase1| ''R v SDC'',<br>[http://canlii.ca/t/fw0lf 2013 ABCA 46] (CanLII){{perABCA|Ritter JA}} |{{JailY|7.5}}|  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){{perBCCA|Bennett JA}} | 2 years less a day |{{SummaryPending}} }}
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 {{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){{perSKQB|Allbright J}}{{JailY|7.5}} }}
+{{SCase1|''R v Rodgers''<br>[http://canlii.ca/t/fqd86 2012 SKQB 80] (CanLII){{perSKQB|Allbright J}}|{{JailY|7.5}}| }}
 {{SCase1|''R v Abel''<br>[http://canlii.ca/t/fq8wp 2012 NLTD 27] (CanLII){{perNLSC|Stack J}}| {{JailY|7}} |}}
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 {{SCase1|''R v Valente''<br> [http://canlii.ca/t/fqfh9 2012 ABQB 151] (CanLII){{perABQB|Ross J}}| {{JailY|4}} |{{SummaryPending}} }}
-{{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 Jamieson''<br> [http://canlii.ca/t/fq621 2012 ONSC 1114] (CanLII){{perONSC|Ray J}}| {{JailY|12}} | manslaughter by stabbing}}
-{{SCase1|''R v Dingwell'', <br>[http://canlii.ca/t/fr3xj 2012 PESC 13] (CanLII){{perPEISC|Mitchell J}} {{JailY|5.5}} {{SummaryPending}}}}
+{{SCase1|''R v Dingwell'', <br>[http://canlii.ca/t/fr3xj 2012 PESC 13] (CanLII){{perPEISC|Mitchell J}} |{{JailY|5.5}} |{{SummaryPending}}}}
 {{SCase1|''R v Peynado''<br> [http://canlii.ca/t/fpdcw 2011 BCCA 524] (CanLII){{perBCCA|Neilson JA}} (2:1) | {{JailY|9}} | appeal from 11 years; manslaughter from home invasion robbery}}
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 {{SCase1|''R v Sinclair''<br> [http://canlii.ca/t/fnmcb 2011 ABQB 652] (CanLII){{perABQB|Burrows J}} | {{JailY|5}} |{{SummaryPending}}}}
-{{SCase1| R v Hickey <br>[http://canlii.ca/t/flfsh 2011 NSSC 186] (CanLII){{perNSSC|Cacchione J}} {{JailY|3.5}} bar fight, punch results in death}}
+{{SCase1| R v Hickey <br>[http://canlii.ca/t/flfsh 2011 NSSC 186] (CanLII){{perNSSC|Cacchione J}} |{{JailY|3.5}} |bar fight, punch results in death}}
 {{SCase1|''R v Roks''<br>[http://canlii.ca/t/fn7h4 2011 ONCA 618] (CanLII){{perONCA|Watt JA}}| {{JailY|10}} | planned arson results in death}}
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 {{SCase1|''R v Grattan''<br> [http://canlii.ca/t/2fvg9 2011 BCSC 217] (CanLII){{perBCSC|Grist J}}| {{JailY|9}} | 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){{perABQB|Wittmann CJ}}|{{JailY|6.5}} | {{SummaryPending}}}}
 {{SCase1|''R v George'', <br>[http://canlii.ca/t/2d7j2 2010 ONSC 6017] (CanLII){{perONSC|Pierce J}} | {{JailY|7}} | 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. }}
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 {{SCase1|''R v Willier'',<br>[http://canlii.ca/t/1vjkt 2008 ABCA 33] (CanLII){{perABCA|}} | {{JailY|8}} | }}
-{{SCase1|''R v Kokopenace'', <br>[2008] OJ No 4582 (Ont. Sup. Ct.), [http://canlii.ca/t/21kkf 2008 CanLII 59322] (ON SC){{perONSC|Stach J}} {{JailY|7.5}} }}
+{{SCase1|''R v Kokopenace'', <br>[2008] OJ No 4582 (Ont. Sup. Ct.), [http://canlii.ca/t/21kkf 2008 CanLII 59322] (ON SC){{perONSC|Stach J}}| {{JailY|7.5}}| }}
 {{SCase1|''R v Prevost''<br>[2008] OJ No 3609 (SC), [http://canlii.ca/t/20rv9 2008 CanLII 46920] (ON SC){{perONSC|T Ducharme J}}| {{JailY|8}} | The offender beat his uncle to death while under the influence of alcohol and cocaine. He was 32 years old. }}
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 {{SCase1|''R v Tower'', <br>[http://canlii.ca/t/1rkp7 2007 NSSC 60] (CanLII){{perNSSC|Wright J}} | {{JailY|5}} | }}
-{{SCase1|R v MacDonald <br> [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII){{perBCCA|Prowse JA}}{{JailY|7.5}} home invasion}}
+{{SCase1|R v MacDonald <br> [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII){{perBCCA|Prowse JA}}|{{JailY|7.5}}| home invasion}}
 {{SCase1|''R v Lampe''<br>[http://canlii.ca/t/1rvsz 2007 NLTD 116] (CanLII){{perNLSC|Fowler J}} | {{JailY|4}} | 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. }}
@@ Line 208: / Line 208: @@
 {{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){{perABPC|Caffaro J}}{{JailY|6.5}} 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}}|{{JailY|6.5}} |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){{perABQB|Watson J}}| {{JailY|5}} | 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. }}
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 {{SCaseHeader}}
-{{SCase1|''R v Rahman''<br> [http://canlii.ca/t/fs9qt 2012 NSSC 303] (CanLII){{perNSSC|Cacchione J}}{{JailY|6.5}}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}}|{{JailY|6.5}}| father hit newborn child multiple times causing death}}
 {{SCase1|''R v Tippett''<br> [http://canlii.ca/t/fn313 2011 NLTD(G) 119] (CanLII){{perNLSC|Seaborn J}} | {{JailY|5}} | Offender hit infant in the head, killing child with a single blow. Offender denied responsibility. Jury convicted of manslaughter.  }}

Revision as of 08:12, 15 April 2020

Case Digests

2010 to present

2000 to 2009

1980 to 1999

Child Victim

See Also