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Indigenous offender with lengthy record sentenced to 8 years for unprovoked manslaughter.
The accused, a 47-year-old Indigenous man with a lengthy criminal record, pleaded guilty to manslaughter after striking the victim in an unprovoked attack.
The court considered Gladue factors but prioritized denunciation and deterrence given the accused's history of violence and non-compliance with court orders.
The accused was sentenced to 8 years' imprisonment, reduced by enhanced credit for pre-sentence custody and harsh pandemic conditions, resulting in a net sentence of 1297 days.
Facts determined for manslaughter sentencing; unprovoked fatal strike to the neck lacked murder intent.
The accused pleaded guilty to manslaughter after striking the victim once on the neck, causing a fatal brain hemorrhage.
A Gardiner hearing was held to determine disputed facts for sentencing.
The court found that the accused meant to cause serious bodily harm but did not have the requisite intent for murder.
The court rejected claims of provocation and found insufficient evidence that intoxication played a mitigating role, concluding the unprovoked attack occurred in very aggravating circumstances.
