Manslaughter (Sentencing Cases)

This page was last substantively updated or reviewed July 2021. (Rev. # 88131)

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Case Digests

2010 to present

Case Name	Prv.	Crt.	Sentence	Summary
R v Rhyno, 2023 NSSC 9 (CanLII), per Keith J	NS	SC	8 years imprisonment
R v Simpson, 2022 NSSC 301 (CanLII), per Brothers J	NS	SC	2.5 years imprisonment
R v Maulen, 2022 BCSC 468 (CanLII), per Brothers J	NS	SC	20 months, 6 days	"A fist fight broke out between the offender and the victim. The victim was unarmed but instigated the fight and struck the first blow. The offender was armed with a knife, although he carried the knife for the innocent purpose of wood carving. During the fight, the offender’s knife came loose. The offender was 55 years old. He testified that he feared for his life and the fight ended when he stabbed the victim twice. The offender was found not guilty of second degree murder but guilty of manslaughter. The mitigating circumstances included the fact that the offender did nothing threatening to prompt the attack. Instead, the victim was the first to strike the offender in the head, instigating the fight. In addition, there was no history of violence or intent to use the knife as he approached the victim. (at paragraph 34) Aggravating circumstances included the use of a large knife and the offender’s decision to immediately leave the scene and hide his knife. (at paragraph 35) The sentencing judge confirmed a range of sentencing for manslaughter between 4 and 15 years. He then concluded that the offender “of course is to be faulted for excessive use of force in exigent circumstances, but frankly faulted for little else concerning the events that morning.” He recognized that deterrence and denunciation are paramount but not overwhelming, particularly where the prospects of rehabilitation are strong (at paragraph 81). In the circumstances, the sentencing judge deemed it appropriate to go outside of the conventional range and sentenced the offender to 20 months plus 6 days imprisonment. "
R v Drescher, 2022 NWTSC 15 (CanLII), per Smallwood J	NWT	SC	6 years imprisonment	"The offender stabbed the victim, his brother, 6 times. One of the stab wounds pierced the victim’s heart, causing death. The offender was charged with second degree murder, but pleaded guilty to manslaughter. Both the offender and the victim had been drinking on the night in question and became involved in a physical altercation before the stabbing occurred. The sentencing judge recognized the wide range of possible sentences for manslaughter and that the result often turned on the level of moral culpability. On that issue, the sentencing judge further confirmed that stabbing with a knife falls at the high end of moral blameworthiness. (at paragraphs 40 – 41) The sentencing judge confirmed the offender’s criminal record as an aggravating factor but observed that they was relatively minor and did not involve violence (at paragraph 60). Mitigating factors included a troubled past and the offender’s indigenous status. The offender was sentenced to 6 years imprisonment."
R v Schau, 2021 ABQB 554 (CanLII), per Gill J	AB	SC	6 years imprisonment
R v Landry, 2021 NSSC 179 (CanLII), per Chipman J	NS	SC	7 years imprisonment	"The offender was charged with second degree murder but pleaded guilty to manslaughter. The offender was 71 years old at the time of the offence. He was visiting the victim, who was a friend. The offender was intoxicated. The victim was smoking a small amount of crack cocaine. The offender said something to upset the victim. The victim moved towards the offender in an aggressive manner and shoved or pushed him. The offender responded suddenly by stabbing the victim in the neck. The victim was unarmed. The offender attempt to provide basic medical assistance including and asked that someone call 911 for urgent help. The aggravating factors included the use of knife to inflict a wound to the neck; the offender was older and had a broken foot but was also physical larger than the victim. Mitigating factors included the apparent impulsiveness of the act; the offender’s guilty plea; acceptance of responsibility and remorse; providing aid immediately after the stabbing; and no criminal record for violence. The sentencing judge accepted a joint recommendation of 7 years imprisonment."
R v Anderson, 2021 ABCA 135 (CanLII), per curiam	AB	CA	16 years imprisonment
R v Fronczak, 2021 ONSC 219 (CanLII), per Forestell J	ON	SC	5 years imprisonment
R v Gordon, 2020 ONSC 7395 (CanLII), per Forestell J	ON	SC	8 years imprisonment	" A dispute over drugs escalated into a physical altercation during which the offender stabbed the victim with a knife. The knife wound penetrated the victim’s lung and pierced his heart. The offender left the scene, making no effort to assist the victim. He also discarded evidence to avoid arrest and prosecution. At paragraph 31, the sentencing judge adopted the following quote from the Alberta Court of Appeal in R v Ferguson, 2006 ABCA 261 (affirmed by the Supreme Court of Canada regarding an issue of mandatory minimum sentences at 2008 SCC 6), the sentencing judge adopted the statement that: An assessment of moral culpability involves a consideration of the particular circumstances of the case including: the nature, quality and gravity of the act; the method and manner by which the act was committed; the offender's awareness of the risk; and what should have been in the offender's mind, had he or she acted reasonably.” The sentencing judge went on to find that aggravating circumstances included the use of a knife causing multiple stab wounds. The vulnerability of the victim who was unarmed. The fact that the offence occurred in the context of a drug transaction and at a time when the offender was on bail. And the significant impact of the crime on the victim’s family (at paragraph 32). Mitigating factors included the offender’s youth and lack of a criminal record. In addition, the offender expressed remorse and demonstrated rehabilitative progress (at paragraph 33). The offender was sentenced to 8 years imprisonment."
R v Rodgers, 2020 ONCJ 495 (CanLII), per Bliss J	ON	PC		The "accused provided the victim with what he believed to be cocaine. The drug was not cocaine, but a synthetic opioid not intended for human consumption. As a result of consuming the drug, the female victim died. The accused pleaded guilty to manslaughter. Justice Bliss conducted a review of the law relating to the fit and appropriate sentence for the offence of manslaughter arising due to the ingestion of an opioid. Justice Bliss reviewed cases across Canada supporting a range of sentence between 18 months and five years imprisonment."
R v Bellegarde, 2019 SKPC 22 (CanLII), per Lang J	SK	PC	9 years imprisonment
R v Poucette, 2019 ABQB 725 (CanLII), per Gates J	AB	QB	2 years imprisonment + 2 years probation
R v Walker, [2019 OJ No 1263 (Ont Ct J)]	ON	SC	3.5 years imprisonment	The "accused was considered a low-level dealer who sold heroin and fentanyl to the deceased. The deceased was a friend of the accused and both the accused and deceased struggled with addiction. The accused pleaded guilty to criminal negligence causing death and drug trafficking. The accused also testified against a second person charged in the death of the deceased. The court held that five years was a fit and appropriate sentence for criminal negligence causing death, but reduced the sentence by one-and-a half years because of the accused’s substantial assistance in the prosecution of the second suspect. The net custodial sentence was three-and-a-half years."
R v Shyback, 2018 ABCA 331 (CanLII), per curiam	AB	CA	7 years imprisonment	Domestic homicide. Appeal of sentence allowed.
R v Taniskishayinew, 2018 BCSC 296 (CanLII), per Griffin J	BC	SC	4 years imprisonment	The offender was convicted at trial of manslaughter.
R v Parisian, 2018 MBCA 16 (CanLII), per Beard JA	MB	CA	11 years imprisonment	The court of appeal overturned a sentence of 14 years.
R v Gillis, 2018 NSSC 22 (CanLII), per Rosinski J	NS	SC	9 years imprisonment	Summary of case is pending.
R v Knapp, 2018 ONSC 2923 (CanLII), per Heeney J	ON	SC	2.5 years imprisonment	The "accused was convicted of one count of criminal negligence causing death and one count of trafficking fentanyl. The victim was a young woman who had an addiction to drugs. The accused, who had a life-long chronic disease, sold the victim one of his prescription fentanyl patches. The victim used the patch and died of an overdose. There was a joint recommendation made for two-and-a-half years in custody for the offence of criminal negligence causing death."
R v Swampy, 2017 ABCA 134 (CanLII), per Greckol JA	AB	CA	8 years imprisonment
R v Smith, 2017 BCSC 2513 (CanLII), per Donegan J	BC	SC		Summary of case is pending.
R v Vikilani, 2017 BCSC 2074 (CanLII), per Pearlman J	BC	SC		Summary of case is pending.
R v Robinson, 2017 BCSC 681 (CanLII), per Silverman J	BC	SC		Summary of case is pending.
R v Stanford, 2017 BCSC 530 (CanLII), per Russell J	BC	SC		Summary of case is pending.
R v Carte, 2017 BCSC 2421 (CanLII), per DeWitt-Van Oosten J	BC	SC	7.5 years imprisonment	Summary of case is pending.
R v Johnson, 2017 BCSC 1240 (CanLII), per Donegan J	BC	SC		Summary of case is pending.
R v Enright, 2017 ABQB 10 (CanLII), per Jerke J	AB	SC	10 years imprisonment	Summary of case is pending.
R v Nguyen, 2017 BCSC 1669 (CanLII), per Ehrcke J	BC	SC		Summary of case is pending.
R v Larson, 2017 ABQB 79 (CanLII), per Renke J	AB	SC	5.5 years imprisonment	"In the course of a fight, the offender stabbed the victim in the side of his chest with a kitchen knife. The wound cut an artery causing death. The offender was charged with second degree murder but pleaded guilty to manslaughter. The offender’s criminal record was relatively minor, by comparison to manslaughter. It consisted largely of crimes against the administration of justice and not crimes of violence. He also wrote a letter of apology to the victim’s family. The sentencing judge determined that the stabbing fell into the “higher-culpability groups of unlawful acts.” (at paragraph 53) And the stabbing action reflected an intent not to deter or scare off, but to harm (at paragraph 72) That said, the sentencing judge equally recognized that the act was impulsive - “not planned, deliberate, or complex; his swinging of the knife was in a flailing motion” (at paragraph 116) The fact that the offender struck first was deemed an aggravating factor; as was the fact that the victim was unarmed. In addition, the offender made not attempt to assist after inflicting fatal wounds. Mitigating circumstances included the fact that the use of the knife was sudden and spontaneous, without planning. In addition, the offender found the weapon, he did not carry it with him. The offender did not inflict multiple wounds and did not attempt to flee. (at paragraph 82) The offender was also relatively young. The sentencing judge considered cases in the 4- 8 year range (at paragraphs 101 – 104). He concluded that 6 – 6.5 years imprisonment represented “the true upper limit of the range of sentence” in the circumstances; and he ultimately sentenced the offender to imprisonment for 5 years and 5 months."
R v Wesley, 2017 ABPC 206 (CanLII), per McLeod J	AB	PC	3.5 years imprisonment
R v Whitehead, 2016 SKCA 165 (CanLII), per Caldwell JA	SK	CA	8 years imprisonment
R v Okemow, 2016 MBQB 240 (CanLII), per Keyser J	MB	SC	2 years less a day imprisonment	The offender pleaded guilty to manslaughter for beating a homeless man to death.
R v Strongquill, 2016 SKQB 397 (CanLII), per Gunn J	SK	SC	8 years imprisonment	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.
R v Landry, 2016 NSCA 53 (CanLII), per Beveridge JA	NS	CA	14 years imprisonment	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.
R v Kidder, 2016 ABPC 136 (CanLII), per Allen J	AB	PC	6 years imprisonment	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.
R v Quinn, 2016 ABPC 121 (CanLII), per Allen J	AB	PC	5 years imprisonment (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.
R v Denny, 2016 NSSC 76 (CanLII), per Rosinski J	NS	SC	8 years imprisonment (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.
R v Johnny, 2016 BCCA 61 (CanLII), per Newbury JA	BC	CA	6 years imprisonment	"[T]he accused was a 19-year old Aboriginal man who, while intoxicated, beat an Aboriginal woman with a weapon about her head and body, causing injuries that lead to her death. He was convicted of manslaughter, and was sentenced at trial to a term of imprisonment of eight years, less 357 days credit for 236 days spent in pre-trial custody." The Court of Appeal upheld the sentence. [1]
R v Engebretsen, 2016 BCCA 182 (CanLII), per Harris JA	BC	CA		Summary of case is pending.
R v Newton, 2016 BCSC 1440 (CanLII), per Holmes J	BC	SC		Summary of case is pending.
R v Burgess, 2016 NSPC 1 (CanLII), per Derrick J	NS	PC	4 years imprisonment	Summary of case is pending.
R v Corbett, 2015 ONSC 6118 (CanLII), per Hambly J	ON	SC	5 years imprisonment	"The offender was charged with second degree murder but convicted of the lesser offence of manslaughter. The offender and the victim were friend and, for a time, lived together in the same apartment. The offender asked the victim to leave the apartment, believe he was not paying a fair share of rent. The victim moved out but left some of his possessions, including a television. The offender subsequently threatened to keep the television until the victim paid an additional amount for rent. Physical threats were exchanged and it was within this atmosphere of animosity that the victim returned to the apartment to reclaim the television. A physical confrontation occurred on the porch leading to the apartment. In the course of grappling, the offender stabbed the victim a single time in the neck with a knife while the victim was unarmed. The victim died of his neck wound. In sentencing, the aggravating factors included the fact that the offender armed himself prior to the confrontation occurring; the decision to engage in violence as opposed to simply relinquishing the television; the manner in which the offender struck at the victim’s upper body; after the stabbing, the offender made no effort to assist the victim but, rather, fled and attempted to dispose of evidence and have others lie for him (at paragraph 23). Mitigating factors including the offender turning himself into police; the relative youth of the offender; a minor criminal record which did not include violence; an element of self-defence as which mitigated blameworthiness and a positive relationship with his daughter (at paragraph 23; see also paragraph 31). The offender also had a troubled childhood. There was no evidence of remorse although the judge noted that this simply meant this could not be an aggravating factor. Remorse may be a mitigating factor such that the lack of remorse simply precluding that finding. The judge sentenced the offender to 5 years imprisonment."
R v Plowman, 2015 BCCA 423 (CanLII), per Neilson JA	BC	CA	5 and 7 years	Three accused "swarmed" the victim and stabbed him to death.
R v Peters, 2014 BCSC 1009 (CanLII), per Romilly J	BC	SC	4 years 5 months	offender stabbed wife in heart
R v Tanasescu, 2014 BCCA 479 (CanLII), per Willcock JA	BC	CA	9 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.
R v Bal & Sidhu, 2014 ONSC 3063 (CanLII), per Daley J	ON	SC	8.5 years imprisonment	Summary of case is pending.
R v Abraham and Starr, 2011 MBQB 299 (CanLII), per McKelvey J	MB	SC	9 years imprisonment	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.
R v Holloway, 2014 ABCA 87 (CanLII), per curiam (2:1)	AB	CA	8 years imprisonment	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.
R v Scott, 2014 BCSC 2457 (CanLII), per Bruce J	BC	SC		Summary of case is pending.
R v Huth, 2014 BCSC 570 (CanLII), per Macaulay J	BC	SC		Summary of case is pending.
R v Marchand, 2014 BCSC 2554 (CanLII), per Smith J	BC	SC		Summary of case is pending.
R v Hanley, 2014 BCSC 1373 (CanLII), per Arnold-Bailey J	BC	SC	10 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.
R v Dhillon, 2013 ABQB 365 (CanLII), 564 AR 303 (Alta. Q.B.), per Jerke J	AB	SC	7.5 years imprisonment (manslaughter) 1 year (assault)	Summary of case is pending.
R v Cioppa, 2013 ONSC 1242 (CanLII), per Nordheimer J	ON	SC	8 years imprisonment	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.
R v SDC, 2013 ABCA 46 (CanLII), per Ritter JA	AB	CA	7.5 years imprisonment	The offender had sole custody of her 4 year old niece. She beat her to death.
R v Pop, 2013 BCCA 160 (CanLII), per Bennett JA	BC	CA	2 years less a day imprisonment	Summary of case is pending.
R v Halkett, 2013 SKQB 41 (CanLII), per Mills J	SK	SC	11 years imprisonment	offender stabbed victim in heart during a dispute over drugs
R v Larche, 2013 MBPC 54 (CanLII), per Harvie J	MB	PC	4 years imprisonment	Summary of case is pending.
R v Ryle et al, 2013 MBQB 33 (CanLII), per Spivak J	MB	SC	8 to 11.5 years	three offenders convicted of manslaughter at trial for beating death of inmate at prison.
R v Chapman, 2013 ONCA 15 (CanLII), per curiam	ON	CA	9 years imprisonment	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).
R v Williams, 2013 BCSC 1082 (CanLII), per Thompson J	BC	SC		Summary of case is pending.
R v Brertton, 2013 BCSC 1029 (CanLII), per Holmes J	BC	SC	7 years imprisonment	Summary of case is pending.
R v Yusuf, 2012 ONSC 2421 (CanLII), per Ratushny J	ON	SC	6.5 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.
R v Abel, 2012 NLTD 27 (CanLII), per Stack J	NL	SC	7 years imprisonment	Offender suffocated his former partner. Jury found him guilty of manslaughter and acquitted of second degree murder. Offender had a lengthy criminal record.
R v Karim, 2012 ABQB 727 (CanLII), per Hughes J aff'd 2014 ABCA 88 (CanLII), per curiam (2:1)	AB	SC	16 years imprisonment	The offender gave a co-accused a firearm and directed that they threaten the victim. The co-accused killed the victim instead.
R v Ipeelee, 2012 SCC 13 (CanLII), per LeBel J	SCC	SCC		Summary of case is pending.
R v Jiwa, 2012 ONCA 532 (CanLII), per Gillese J	ON	CA	12 years imprisonment	manslaughter of police detective, dangerous op. of motor vehicle
R v Mason, 2012 MBCA 71 (CanLII), per Chartier JA	MB	CA	life	set fire to rooming house, kills 2 people
R v Friday, 2012 ABQB 371 (CanLII), per Burrows J	AB	SC	4 years imprisonment	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
R v Bissonette, 2012 ABPC 170 (CanLII), per Redman J	AB	PC	5 years imprisonment	lesser party in manslaughter — victim beaten in head multiple times with a 2x4 plank of wood — principal received 8 years
R v Vallee, 2012 BCPC 167 (CanLII), per MacKay J	BC	PC	4 years imprisonment
R v MacFarlane, 2012 ONCA 82 (CanLII), per curiam	ON	CA	2 years less a day imprisonment	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.
R v McConnell, 2012 ABQB 369 (CanLII), per Crighton J	AB	SC	6 years imprisonment	mother drowns her two children
R v Prince, 2012 BCSC 293 (CanLII), per Griffin J	BC	SC	7 to 10 years	manslaughter robbery
R v Rodgers, 2012 SKQB 80 (CanLII), per Allbright J	SK	SC	7.5 years imprisonment
R v Abel, 2012 NLTD 27 (CanLII), per Stack J	NL	SC	7 years imprisonment
R v Pelkey, 2012 BCSC 815 (CanLII), per Macaulay J	BC	SC	10 years imprisonment	The offender was 29 years old and was mildly handicapped. He beat a man to death while drunk.
R v Valente, 2012 ABQB 151 (CanLII), per Ross J	AB	SC	4 years imprisonment	Summary of case is pending.
R v Jamieson, 2012 ONSC 1114 (CanLII), per Ray J	ON	SC	12 years imprisonment	manslaughter by stabbing
R v Dingwell, 2012 PESC 13 (CanLII), per Mitchell J	PEI	SC	5.5 years imprisonment	Summary of case is pending.
R v Peynado, 2011 BCCA 524 (CanLII), per Neilson JA (2:1)	BC	CA	9 years imprisonment	appeal from 11 years; manslaughter from home invasion robbery
R v Kanate, 2011 ONCJ 770 (CanLII), per DiGiuseppe J	ON	PC	7 years imprisonment	Summary of case is pending.
R v Abraham, 2011 MBQB 299 (CanLII), per McKelvey J	MB	SC	5 years imprisonment	The offender beat the victim and left him dying on the side of the road in winter.
R v Melissa Alexander, 2011 ONSC 6839 (CanLII), per Molloy J	ON	SC	11 years imprisonment	manslaughter; kills child
R v Sinclair, 2011 ABQB 652 (CanLII), per Burrows J	AB	SC	5 years imprisonment	Summary of case is pending.
R v Hickey, 2011 NSSC 186 (CanLII), per Cacchione J	NS	SC	3.5 years imprisonment	bar fight, punch results in death
R v Roks, 2011 ONCA 618 (CanLII), per Watt JA	ON	CA	10 years imprisonment	planned arson results in death
R v Grattan, 2011 BCSC 217 (CanLII), per Grist J	BC	SC	9 years imprisonment	manslaughter home invasion robbery
R v An, 2011 ABQB 217 (CanLII), per Macleod J	AB	QB	5 years imprisonment
R v Hussein, 2011 ABQB 601 (CanLII), per Wittmann CJ	AB	SC	6.5 years imprisonment	Summary of case is pending.
R v George, 2010 ONSC 6017 (CanLII), per Pierce J	ON	SC	7 years imprisonment	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.
R v Sunshine, 2014 BCCA 318 (CanLII), ; [2015] SCCA No 185, per Saunders JA	BC	CA		Summary of case is pending.
R v Hennessey, 2010 ABCA 274 (CanLII), per Cote JA	AB	CA	12 years imprisonment and 15 years imprisonment	The two offenders collaborated with another offender who killed 4 RCMP officers

2000 to 2009

Case Name	Prv.	Crt.	Sentence	Summary
R v Small-Buffalo, 2009 ABQB 353 (CanLII), per Greckol J	AB	QB	3.5 years imprisonment
R v Brisson, 2009 BCSC 1606 (CanLII), per Joyce J	BC	SC	5 years imprisonment	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.
R v Ryczak, 2009 ONCA 311 (CanLII), [2009] OJ No 1480, per Cronk JA	ON	CA	30 months imprisonment
R v Quinlan, 2009 BCSC 1327 (CanLII), per Joyce J	BC	SC	3 years 11 months
R v MacNeil, 2009 NSSC 310 (CanLII), per S MacDonald J	NS	SC	7 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated. "The victim and the offender were drinking together. An argument ensued which morphed into a fight. The offender grabbed a knife in the kitchen and stabbed the victim, causing death. The offender was charged with second degree murder but convicted of the lesser offence of manslaughter. The aggravating factors included the extreme nature of knife violence and a criminal record which included 7 common assaults but not involving weapons. (at paragraph 26) Mitigating factors included the victim’s own aggression and the offender’s sense of remorse (at paragraph 27) The accused also had an alcohol problem. Warner, J. concluded that the crime was not “near murder” but rather “done in the heat of the moment without any thinking of the consequences of his actions and death for which he must be sentenced to jail.” (at paragraph 33) Warner, J imposed a prison sentence of 7 years."
R v McDougall, 2009 MBQB 299 (CanLII), per Joyce ACJ	MB	SC	3 years imprisonment	The offender stabbed her husband.
R v Aubin, 2008 BCSC 400 (CanLII), per Barrow J	BC	SC	5 years imprisonment
R v Andrew, 2008 BCCA 141 (CanLII), per Tysoe JA	BC	CA	2 years, 5 months	Summary of case is pending.
R v Jack, 2008 BCCA 437 (CanLII), per Chiasson JA	BC	CA	3 years imprisonment	The offender lured the victim outside and then beat him. Others took over beating which resulted in death.
R v Willier, 2008 ABCA 33 (CanLII), per [[Court of Appeal of Alberta|]]	AB	CA	8 years imprisonment
R v Kokopenace, 2008 CanLII 59322 (ONSC), [2008] OJ No 4582 (Ont. Sup. Ct.), per Stach J	ON	SC	7.5 years imprisonment
R v Prevost, 2008 CanLII 46920 (ONSC), [2008] OJ No 3609 (SC), per T Ducharme J	ON	SC	8 years imprisonment	The offender beat his uncle to death while under the influence of alcohol and cocaine. He was 32 years old.
R v Tower, 2008 NSCA 3 (CanLII), per Cromwell JA	NS	CA	5 years imprisonment	"The offender and a friend confronted an intoxicated neighbour who they thought was being a nuisance. An altercation followed in which the offender took a long handled pruning shears and, with a baseball style swing, hit the neighbour across the back one or two times. The neighbour did not seek medical attention. The next day, the neighbour again became intoxicated and became involved in another altercation with different people (his roommates). The neighbour was arrested but then died in police custody. The medical evidence confirmed that the neighbour died as a result internal bleeding caused by the blows to his back from the pruning shears. The offender was sentenced to 5 years imprisonment. The defendant appealed his sentence, among other things. The defendant argued that the trial judge failed to give enough weight to the victim’s failure to receive medical attention as a mitigation circumstance and, as well, gave insufficient weight to the offender’s prospects for rehabilitation. Writing for the Court of Appeal, Cromwell, JA concluded: “The judge was right to characterize this as an offence of ‘extreme violence’. A strong deterrent sentence was called for” "
R v Isenor, 2007 NSPC 70 (CanLII), per Derrick J	NS	PC	3 years imprisonment (global)	Offender also charged with impaired driving. Offender punched accused in response to harassment.
R v Tower, 2007 NSSC 60 (CanLII), per Wright J	NS	SC	5 years imprisonment
R v MacDonald, 2007 BCCA 606 (CanLII), per Prowse JA	BC	CA	7.5 years imprisonment	home invasion
R v Lampe, 2007 NLTD 116 (CanLII), per Fowler J	NL	SC	4 years imprisonment	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.
R v Francis, 2007 NSSC 184 (CanLII), per Warner J	NS	SC	7 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.
R v Thomas, 2007 BCSC 1530 (CanLII), per Beames J	BC	SC	9 years imprisonment	home invasion
R v Commanda, 2007 ABPC 51 (CanLII), per Bascom J	AB	PC	10 years imprisonment (global) 8 years imprisonment (manslaughter) 2 years imprisonment (dismember)	"The offender and the victim were best friends. They were drinking at a local bar. The victim was intoxicated and became angry when the victim left the bar with two women. He understood they were all to leave together. The victim was driven to the offender’s condominium where a fight ensued. The victim punched the offender first. A relatively minor exchange of punches escalated when the victim grabbed a knife. The offender did the same. The offender managed to overpower the victim, but stabbed him in the process. The victim died of the knife wound. The offender then dismembered the victim’s corpse and attempted to dispose of his body. The sentencing judge found that the offender’s actions placed him in a category described as creating a “risk of life-threatening injuries” which resulted in a higher degree of moral culpability. (at paragraphs 27 – 28) The sentencing judge considered the offender’s relative youth and paid particular attention to his status as an indigenous person (at paragraphs 33 and 35). The sentencing judge also considered the offender’s criminal record which consisted of petty offences although we was also convicted of assault with a weapon, but as a youth (at paragraph 34). Victim impact statements spoke to the pain caused by the victim’s death (at paragraph 36). The judge imposed a term of 6 years imprisonment for the manslaughter charge."
R v Peers and Harding, 2006 BCSC 1971 (CanLII), per Barrow J	BC	SC	life (12 years)	home invasion
R v Reid, 2006 BCSC 456 (CanLII), per Halfyard J	BC	SC	7 years imprisonment
R v Crossley, 2005 BCSC 1297 (CanLII), per Davies J	BC	SC	7 years imprisonment
R v Billings, 2004 BCSC 653 (CanLII), per Romilly J	BC	SC	6 years imprisonment
R v Barton, 2003 BCCA 206 (CanLII), per Levine JA	BC	CA	11 years imprisonment	manslaughter and robbery
R v MacMillan, 2003 BCCA 372 (CanLII), per Smith JA	BC	CA	7 years imprisonment
R v Clemons, 2003 MBCA 51 (CanLII), per Monnin JA	MB	CA	conditional sentence
R v Couterielle, 2003 ABPC 141 (CanLII), per Caffaro J	AB	PC	6.5 years imprisonment	The offender pleaded guilty to manslaughter. He stabbed the victim twice, the second stab punctured the victim's lung that resulted in death.
R v Gray, 2003 ABQB 473 (CanLII), 338 AR 270 (Alta. Q.B.), per Watson J	AB	SC	5 years imprisonment	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.
R v Henry, 2002 NSCA 33 (CanLII), per Roscoe JA	NS	CA	4 years imprisonment
R v Beauchamp, 2002 ABCA 60 (CanLII)	AB	CA	4 years imprisonment
R v Cascisa, 2001 MBCA 168 (CanLII), per curiam	MB	CA	2 years less a day imprisonment	The offender knocked out and kicked the victim in the head. The attack was provoked.
R v Cooper, 2000 ABQB 656 (CanLII), per Veit J aff'd 2003 ABCA 228 (CanLII), per curiam	AB	SC	10 years imprisonment	The offender was a doctor in a vicious rivalry with another doctor who disappeared mysteriously.

1980 to 1999

Case Name	Prv.	Crt.	Sentence	Summary
R v Poucette, 1999 ABCA 305 (CanLII), per curiam	AB	CA	3 years imprisonment	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.
R v Maxwell, 1999 BCCA 648 (CanLII), per Southin JA	BC	CA	17 years imprisonment	manslaughter during a home invasion robbery
R v Poucette, 1999 ABCA 305 (CanLII), per curiam	AB	CA		Summary of case is pending.
R v Gladue, 1999 CanLII 679 (SCC), [1999] 1 SCR 688, per Cory and Iacobucci JJ	SCC	SCC		Summary of case is pending.
R v King, 1999 CanLII 1551 (NS SC), [1999] NSJ 318 (SC), per Kelly J	NS	SC	5 years imprisonment	Joint recommendation
R v Kutschera, 1999 BCCA 748 (CanLII), per Southin JA	BC	CA	12 years imprisonment	home invasion robbery
R v Graham, 1997 CanLII 9925 (NS SC), [1997] NSJ 139 (SC), per Goodfellow J	NS	SC	4 years imprisonment	Summary of case is pending.
Template:CAnLIIR-S, per Easton J	NL	SC	6 years imprisonment	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.
Template:CAnLIIR-S	NS	CA	5 years imprisonment	"The offender and her husband had a tempestuous relationship. On the evening in question, they were drinking and arguing at a local pub. The victim expressed his desire for a divorce and left the pub. The offender followed him home and their arguing escalated into a physical fight. The offender stabbed and killed her unarmed husband. The mitigating factors considered by the trial judge included a guilty plea, the absence of a criminal record; statements of remorse and a diminished risk of reoffending. The aggravating factors included excessive drinking and the fact that the offender intentionally inflicted two stab wounds. (summarized at paragraphs 30 - 31 of the Court of Appeal decision). The offender’s main argument on appeal was that the sentence was manifestly excessive given her plea of guilty and the volatile nature of the altercation suggesting reciprocal violence from the victim. However, the Court of Appeal agreed with the sentencing judge that critical aspects of the offender’s testimony was not accurate and that there was no basis to conclude the victim was the aggressor or instigator. The sentence of 5 years was not considered manifestly excessive and the appeal was dismissed."
R v GAM, 1996 CanLII 5582 (NSCA), per Pugsley JA	NS	CA	5 years imprisonment	"The offender was involved in an intimate partner relationship which involved physical and sexual abuse. On the night in question, the offender slapped her partner, hit him with her fist and hit him in the face with a kitchen pot. Some time after that the violence escalated and she stabbed her partner in the abdomen causing his death. The offender was charged with second degree murder but pleaded guilty to manslaughter. The sentencing judge determined (and the Court of Appeal agreed) that the sentencing range for manslaughter at the time was 4 – 10 years, absent exceptional circumstances. (see paragraph 32) The sentencing judge identified various mitigating and aggravating factors which Pugsley, J.A. confirmed on appeal were consistent with the evidence (see paragraphs 23 – 25). The mitigating factors included a guilty plea; an expression of remorse and evidence of battered women’s syndrome. The aggravating factors included the use of a knife in a deliberate and extremely violent attack. In addition, there was no evidence of provocation. On the contrary, the victim was attempt to calm the offender. The sentencing judge then imposed a jail term of 2 years less a day identifying various aggravating factors. The Crown appealed. Writing for the Court of Appeal, Pugsley, J.A. concluded that the sentence was “excessively and manifestly lenient, and did not appropriately reflect general deterrence”. The offender’s sentence was increased to 5 years’ imprisonment."
R v Whynot, 1996 CanLII 5569 (NSCA), per Pugsley JA	NS	CA	5 years imprisonment	Summary of case is pending.
R v Johnny, 1994 CanLII 622 (BCCA), per Legg JA	BC	CA	6 months imprisonment	Summary of case is pending.
R v Csincsa, [1993] MJ No 237 (MBCA)(*no CanLII links)	MB	CA	8 years imprisonment	The offender assaulted an intoxicated older man. The judge found that this was "close to murder".
R v Sinclair, (1992) 81 Man R (2d) 154 (CA)(*no CanLII links)	MB	CA	6 years imprisonment	Offender plead guilty to beating victim to death while intoxicated.
R v Campbell, (1991) 75 Man R. (2d) 60 (CA)(*no CanLII links)	MB	CA	10 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.
R v Boucher, 1991 ABCA 223 (CanLII), 117 AR 264, per curiam	AB	CA	life	The offender killed an elderly victim while committing a home invasion.
R v Nienhuis, 1991 ABCA 238 (CanLII), per Hetherington JA	AB	CA	life	The offender assaulted and strangled the victim to unconsciousness and then left for dead.
R v Jacobs, [1989] NSJ 362 (CA)(*no CanLII links)	NS	CA	7 years imprisonment	Summary of case is pending.
R v Slaney, [1986] NSJ 551 (CA)(*no CanLII links)	NS	CA	7 years imprisonment	Summary of case is pending.
R v Myette, [1985] NSJ 472 (CA)(*no CanLII links)	NS	CA	6 years imprisonment	Summary of case is pending.
R v Bell, (1983) 85 Man (2d) 139 (CA)(*no CanLII links)	MB	CA	12 years imprisonment	Offender plead guilty to beating victim to death while intoxicated.

Child Victim

Case Name	Prv.	Crt.	Sentence	Summary
R v Rahman, 2012 NSSC 303 (CanLII), per Cacchione J	NS	SC	6.5 years imprisonment	father hit newborn child multiple times causing death
R v Tippett, 2011 NLTD(G) 119 (CanLII), per Seaborn J	NL	SC	5 years imprisonment	Offender hit infant in the head, killing child with a single blow. Offender denied responsibility. Jury convicted of manslaughter.
R v Choy, 2009 ABQB 343 (CanLII), per Marceau J	AB	SC	3 years imprisonment	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.
R v Whitehawk, 2010 SKCA 94 (CanLII), 359 Sask R 105, per Ottenbreit JA	SK	CA	10 years imprisonment	violence upon infant daughter over several days. 26 prior convictions, 7 for violence.
R v Ellahib, 2008 ABCA 281 (CanLII), per Rowbotham JA	AB	CA	15, 16, and 20 years	One offender hired the other two to burn the victim's house down. The fire killed two children.
R v Da Silva, 2005 CanLII 46380 (ON CA), 203 CCC (3d) 1, per curiam	ON	CA	3 years imprisonment	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.
R v Elliot, 2004 BCCA 220 (CanLII), per Hall JA	BC	CA	10 years imprisonment	malnourishment and physical abuse of child.
R v Stewart, 2003 NSCA 150 (CanLII), 221 NSR (2d) 205 (NSCA), per Oland JA	NS	CA	54 months imprisonment	offender shook his girlfriend's two year old daughter causing death.
R v Fujii, 2002 ABQB 805 (CanLII), per Martin J	AB	SC	8 years imprisonment	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.
R v Sangha, 2001 ABQB 373 (CanLII), per Martin J	AB	SC	9 years imprisonment	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.
R v Brake, 2000 NFCA 37 (CanLII), per Gushue JA	NL	CA	5 years imprisonment	Offender struck a child in his head causing death. Guilty plea to manslaughter.
R v Bos, 2000 BCCA 531 (CanLII), per Ryan JA	BC	CA	2 years less a day

See Also

• Young Offenders (Sentencing Cases)