The offender pleaded guilty to manslaughter based on criminal negligence in relation to the death of his infant child.
The Crown and defence jointly proposed a six‑year penitentiary sentence but disputed the appropriate credit for pre‑sentence custody under ss. 719(3) and 719(3.1) of the Criminal Code.
The court accepted the joint submission, emphasizing denunciation and deterrence given the abuse of a vulnerable infant and breach of parental trust.
Enhanced credit for pre‑sentence custody was granted due to segregation, safety concerns arising from the nature of the offence, and communication restrictions with the offender’s spouse.
The court applied mixed credit rates for different custody periods and imposed ancillary orders including a lifetime firearms prohibition and a DNA order.
