Manslaughter (Sentencing Cases)

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Case Digests

2010 to present

Case Name	Prv.	Crt.	Sentence	Summary
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 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 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	Offender found guilty of beating victim to death while intoxicated.
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 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), 564 A.R. 303 (Alta. Q.B.), 2013 ABQB 365 (CanLII), 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	4 years imprisonment	Summary of case is pending.	{{{4}}}	{{{5}}}
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	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.	{{{4}}}	{{{5}}}
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 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		Summary of case is pending.	{{{4}}}	{{{5}}}
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

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Case Name	Prv.	Crt.	Sentence	Summary
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] OJ No 1480 (Ont. C.A.), 2009 ONCA 311 (CanLII), 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.
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] OJ No 4582 (Ont. Sup. Ct.), 2008 CanLII 59322 (ON SC), per Stach J	7.5 years imprisonment		{{{4}}}	{{{5}}}
R v Prevost [2008] OJ No 3609 (SC), 2008 CanLII 46920 (ON SC), per T Ducharme J	8 years imprisonment	The offender beat his uncle to death while under the influence of alcohol and cocaine. He was 32 years old.	{{{4}}}	{{{5}}}
R v Isenor 2007 NSPC 70 (CanLII), per Derrick J	3 years (global)	Offender also charged with impaired driving. Offender punched accused in response to harassment.	{{{4}}}	{{{5}}}
R v Tower, 2007 NSSC 60 (CanLII), per Wright J	5 years imprisonment		{{{4}}}	{{{5}}}
R v MacDonald 2007 BCCA 606 (CanLII), per Prowse JA	7.5 years imprisonment	home invasion	{{{4}}}	{{{5}}}
R v Lampe 2007 NLTD 116 (CanLII), per Fowler J	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.	{{{4}}}	{{{5}}}
R v Francis, 2007 NSSC 184 (CanLII), per Warner J	7 years imprisonment	Offender pleaded guilty to beating victim to death while intoxicated.	{{{4}}}	{{{5}}}
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 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.
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 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
R v Gray (2003), 338 A.R. 270 (Alta. Q.B.), Gray, 2003 ABQB 473 (CanLII), 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 Cascisa, 2001 MBCA 168 (CanLII), per curiam	2 years less a day	The offender knocked out and kicked the victim in the head. The attack was provoked.	{{{4}}}	{{{5}}}
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	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.	{{{4}}}	{{{5}}}
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.
R v Osmond 1996 CanLII 11730 (NLSCTD), 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.
R v GAM, 1996 CanLII 5582 (NSCA), per Pugsley JA	NS	CA	5 years imprisonment	Summary of case is pending.
R v Whynot, 1996 CanLII 5569 (NS CA), [1996] NSJ 12 (CA), per Pugsley JA	NS	CA	5 years imprisonment	Summary of case is pending.
R v Johnny, 1994 CanLII 622 (BC CA), [1994] BCJ 1373 (CA), 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	6.5 years imprisonment	father hit newborn child multiple times causing death	{{{4}}}	{{{5}}}
R v Tippett 2011 NLTD(G) 119 (CanLII), per Seaborn J	5 years imprisonment	Offender hit infant in the head, killing child with a single blow. Offender denied responsibility. Jury convicted of manslaughter.	{{{4}}}	{{{5}}}
R v Choy 2009 ABQB 343 (CanLII), per Marceau J	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.	{{{4}}}	{{{5}}}
R v Whitehawk, 2010 SKCA 94 (CanLII), (2010), 359 Sask. R. 105, per Ottenbreit JA	10 years imprisonment	violence upon infant daughter over several days. 26 prior convictions, 7 for violence.	{{{4}}}	{{{5}}}
R v Ellahib, 2008 ABCA 281 (CanLII), per 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.	{{{4}}}	{{{5}}}
R v Da Silva, 2005 CanLII 46380 (ON CA), (2005), 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), (2003), 221 N.S.R. (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.

See Also

• Young Offenders (Sentencing Cases)