Manslaughter (Sentencing Cases) (pre-2010)

This page was last substantively updated or reviewed October 2023. (Rev. # 89243)

• < Sentencing
• < Cases

Case Digests (pre-2010)

R. v. DeVries, [1998] B.C.J. No. 472; R. v. Nowacki, [1998] 104 B.C.A.C. 312 (C.A.) R. v. Maxwell, 1990 BCCA 648; R. v. Smith (1994), 53 B.C.A.C. 228 (C.A.)

Case Name	Prv.	Crt.	Sentence	Summary
R v Kenworthy, 2009 BCCA 197 (CanLII), per J	{{}}
R v Ansari, 2009 BCCA 381 (CanLII), per J	{{}}		5 years imprisonment	"Mr. Ansari was convicted by a jury of manslaughter following multiple stab wounds inflicted on the victim. It appears the incident arose following a disagreement over a commercial arrangement. The relationship between offender and victim was characterized by a “toxic mixture of elements of bravado, intransigent frustration and resentment.” The offender had good antecedents, was a bright student at law school, and had significant family and community support. The court found it was a culpable homicide with a weapon committed in circumstances of significant duress. A sentence of 5 years was imposed." [1]
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 imprisonment 11 months	"The offender pled guilty to manslaughter following an alcohol-fueled incident where, in searching for more alcohol, he fired a gun eight times wounding two individuals, and causing fatal injury to one. Aggravating circumstances included bringing the gun demonstrating some planning, and also firing multiple times at multiple persons. Mitigating circumstances included his surrender soon after the shooting, cooperation with police, and a full confession followed by a guilty plea. He had no prior criminal record. The court found the circumstances not as egregious as cases that attracted penalties in the 8 to 10 years range. The appropriate sentence was 6 years, less time in custody on a 2x basis, resulting in a net sentence of 3 years and 11 months." [2]
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 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 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	"The victim was involved in selling marihuana and asked the offender to get him a gun. When he delivered it, the victim was shot, and the jury convicted the offender of manslaughter. Aggravating factors included use and possession of a firearm while under court-ordered ban, and commission of an offence while on probation. He had anger problems and the sentence should be sufficiently long to permit him to complete a rehabilitative program. A sentence of 7 years, less 2 years credit for pre-trial custody was imposed." [3]
R v Gunning, 2008 BCCA 22 (CanLII), per Smith JA	{{}}
R v Ferguson, 2008 SCC 6 (CanLII), , [2008] 1 SCR 96, per McLachlin CJ	SCC
R v Ispanovic, 2008 BCCA 270 (CanLII), per Saunders JA	BC	CA
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 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 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 Ward, 2008 BCSC 1889 (CanLII), per Kelleher J	{{}}
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 Wharry, 2007 ABQB 462 (CanLII), per Greckol J	{{}}
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 Cleyndert, 2006 CanLII 33851 (ON CA), per curiam	ON	CA
R v Morris, 2006 NLTD 178 (CanLII), per Fowler J	NL	SC		"Offender pled guilty to manslaughter following an incident where the victim brandished a gun at him, put it down, and the offender picked it up and immediately the victim was shot. Within the context of provocation, the court imposed a sentence of 8 years." [4]
R v Crossley, 2005 BCSC 1297 (CanLII), per Davies J	BC	SC	7 years imprisonment
R v Richer, 2005 BCCA 3 (CanLII), per Levine JA	{{}}
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 Monk, 2005 BCCA 394 (CanLII), per J	BC
R v Dhanda, 2005 BCCA 533 (CanLII), per Lowry JA	BC
R v Uppal, 2004 BCSC 414 (CanLII), per Williamson J	BC
R v Billings, 2004 BCSC 653 (CanLII), per Romilly J	BC	SC	6 years imprisonment
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 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 Aburto, 2003 BCSC 925 (CanLII), per J	{{}}
R v Dhak, 2003 BCSC 595 (CanLII), per Thackray J	{{}}
R v Ellsworth, 2003 BCSC 1315 (CanLII), per Parrett J	{{}}
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 Pearson, 2002 NBQB 218 (CanLII), per Glennie J	NB	SC		"The offender was charged with second degree murder in the shooting death of his fiancé. A jury found him guilty of manslaughter. The facts indicated he shot her after she said she was leaving him and then came back. The court imposed a sentence of 9 years." [5]
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 Coopper, 2001 BCSC 1015 (CanLII), per J	BC	SC
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 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 Green, 2001 BCCA 672 (CanLII), per Low JA	BC	CA		"The offender killed a friend in a cocaine-induced psychosis. He pled guilty and expressed remorse. The trial judge imposed a sentence of 7 years. The Court of Appeal noted the balancing of the aggravating factors – an extremely brutal killing by multiple stabbings and use of a dangerous substance; and the mitigating factors – no criminal record, no history of violence and a guilty plea – and agreed that the sentencing judge made no error. The court took the view that general deterrence was an important factor in the sentence, but aimed at irresponsible conduct that could lead to violence, not the act itself."[6]
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.
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
R v Peters, 2000 BCCA 307 (CanLII), per J	BC	CA

1980 to 1999

Smith (1994), 53 B.C.A.C. 228, 25 W.C.B. (2d) 617 (B.C.C.A.): 27 year old career criminal received a 20 year sentence; co-accused received 15 and 16 years following guilty pleas; and

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 Tran, 1999 BCCA 367 (CanLII), per J	BC	CA
R v Gillies, 1998 CanLII 6387 (BC CA), per [[British Columbia Court of Appeal|]]	BC	CA
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 Bill, 1997 CanLII 12621 (BC SC), per Taylor J	BC	SC		"The offender was convicted by a jury of manslaughter following a shooting causing a death. He had brought a gun to a gathering where his younger brother was associating with gang members, and intended to use it to scare off the members of the gang. He unintentionally caused the death of the victim. No sentence was indicated, but the court found that the mandatory minimum in s. 236 was unconstitutional. " [7]
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 Whynot, 1996 NSCA 53 (CanLII), (1996), 147 N.S.R. (2d) 111, per Pugsley JA	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 Wisdom, 1996 CanLII 1720 (BC CA), per Legg JA	BC	CA		" accused shot and killed a male romantic rival. He had prior convictions, including one for possession of a weapon. He served eleven months in pre-trial custody. This was an alcohol-related offence committed while the accused was under a firearm's prohibition order. The British Columbia Court of Appeal affirmed a sentence of six years’ imprisonment." [8]
R v Canning, 1996 CanLII 11553 (NL SC), per Mercer J	NL	SC		"a sentence of four years was imposed for manslaughter where a firearm was not properly stored in a residence and was in a useable state, loaded with ammunition, and accidently discharged causing the death. There was no level of violence involved." [9]
R v Laberge, 1995 ABCA 196 (CanLII)	AB	CA
R v Irwin, 1995 CanLII 587 (BC CA)	BC	CA
R v Weir-Jones, 1994 CanLII 724 (BC CA)	BC	CA		"where an effective sentence of 10 years was found not to be unfit, but in that case there was no spontaneous melee or violent dynamic, and the accused left a party to go home and get a gun, returned and cut telephone lines and then caused a death with the gun. This offence was characterized as manslaughter by a jury. In my view, that was a case where there was deliberate planning which distinguishes this case from the case at bar where the planning, such as it was, was fueled by alcohol and drugs and the dynamic of a near mob operating upon a very young person who was not functioning very well in the first place." [10]
R v Johnny, 1994 CanLII 622 (BCCA), per Legg JA	BC	CA	6 months imprisonment	Summary of case is pending.
R v Friedrich, 1994 CanLII 3168 (BC CA), per Cumming JA	BC	CA
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 Lavoie, 1987 ABCA 138 (CanLII), per Belzil JA	AB	CA
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 Fowler, (1984), 48 Nfld. & P.E.I.R. 175, 142 A.P.R. 175 (Nfld. C.A.)(*no CanLII links)	NL	CA		"a case where the accused was charged with first-degree murder following the shooting death of her husband, and after three trials, the Court of Appeal entered a conviction for manslaughter and imposed a fifteen-year sentence." [11]
R v Knife, 1982 CanLII 2569 (SK KB), per Cameron JA	SK	SC	5 years imprisonment
R v Saswirsky, , 1981 CarswellOnt 3596, 6 W.C.B. 344 (Cty. Ct.)(*no CanLII links)	ON			"The offender pled guilty to a charge of criminal negligence causing death. The victim was a woman with whom the offender was having an affair. He was a police constable, separated from his wife. It appeared the death occurred when he was playing with his service revolver, thinking there was no bullet in the chamber, and shot playfully at his girlfriend, killing her. He was sentenced to one year in prison." [12]
R v Snelgrove, (1977), 13 Nfld. & P.E.I. R. 190, 29 A.P.R. 190 (Nfld. C.A.)(*no CanLII links)	NL	CA		"The Court of Appeal imposed a sentence of 10 years for manslaughter where the accused, while drunk, fired a shotgun at the house where his estranged wife and children lived, killing the owner. When the owner of the house came outside, the accused shot and killed him." [13]
R v Baldhead, 1966 CanLII 335 (SK CA), per Culliton CJ	SK	CA	3 years
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.