Superior Court Sentencing I
Murder and Major Assaults
July 2007
Contents
page
Introduction 1
Dangerous Offender 1
First Degree Murder 1
Second Degree Murder 2
Manslaughter 4
Average Murder Sentences 5
Attempted Murder 6
Aggravated Assault 7
Average Major Assault Sentences 9
Spousal assaults and Murders 10
Infanticide 12
Child Assault 13
Conclusions 15
Appendixes 17
Introduction
This study examines the differences in criminal sentences, between men and women, decided by the Ontario Superior Court of Justice and it’s provincial counterparts, for murders and major assaults. All murder and major assault cases which include the duration of sentences, from the Canlii database, are included. In some categories the lack of data as to sentences may mean exclusion of as many as 30 % of convictions listed. Only a conviction for the major offence which an offender is charged is included. No cases for which new trials have been ordered on appeal are included. Pretrial custody has been included in the sentence on a 2 for 1 basis unless the ruling specifies otherwise. 2 for 1 pretrial custody credits are standard amoungst the judiciary, and including pretrial gives a better measure of actual relative sentences. Conditional sentences are treated as equivalent to prison terms. Another depiction could have been adopted and justified for conditional sentences, but consistent treatment is more important for the purposes of this study. Specific cases used for each province can be found in the appendixes.
Dangerous offender legislation is intended to provide long term protection to the public from some of the worst repeat criminals. A dangerous offender designation brings an indeterminate sentence with periodic review. No cases declaring a female as a dangerous offender could be found. The database evaluated contained over 20 cases declaring men dangerous offenders. Half a dozen involved men who were described as repeat spousal abusers.
R. v. Neve, 1999 ABCA 206 (CanLII)
[1] Lisa Colleen Neve was designated a dangerous offender – the second woman in Canada’s history to have been so designated – and sentenced to an indeterminate jail sentence after having been convicted for a robbery committed when she was 18.
According to Crown records, since 1947 (the year in which predecessor dangerous offender legislation first came into effect in Canada) until July 31, 1997, 219 offenders were designated dangerous offenders in Canada, an average of approximately 4 per year. Other data indicates that between 1978 and 1986, that number increased to an average of 7 per year.
[293] Accordingly, we dismiss the conviction appeal, allow the appeal of the dangerous offender designation and find that Neve is not a dangerous offender. In all the circumstances, we have concluded that a fit and proper sentence for the robbery is three years imprisonment.
The worst premeditated murders are sentenced as first degree muder. Since sentences are fixed at life with a minimum of 25 years, all first degree murders in the database are included. Other categories may have exclusions due to sentences being ommitted. No judicial discretion is involved in sentencing with the term fixed.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
3 |
3 |
100.0 |
0 |
0.0 |
|
Ontario |
97 |
93 |
95.9 |
4 |
4.1 |
|
Manitoba |
7 |
6 |
85.7 |
1 |
14.3 |
|
Saskatchewan |
8 |
8 |
100.0 |
0 |
0.0 |
|
Alberta |
16 |
14 |
86.7 |
2 |
13.3 |
|
|
|
|
|
|
|
|
Total |
131 |
124 |
94.6 |
7 |
5.4 |
124 / 7 = 17.6 men convicted for every woman
Average first degree murder sentence = 25 years minimum
Second degree murders are generally deemed to be less heinous and do not require the same level of premeditation Sentencing is partially discretionary. There is a 10 year minimum requirement, and then the judge may add additional years of parole ineligibity. Second degree murder charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute first degree murder charge.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
7 |
7 |
100.0 |
0 |
0.0 |
|
Ontario |
80 |
74 |
92.5 |
6 |
7.5 |
|
Manitoba |
15 |
14 |
93.3 |
1 |
6.7 |
|
Saskatchewan |
18 |
18 |
100.0 |
0 |
0.0 |
|
Alberta |
18 |
17 |
94.4 |
1 |
16.7 |
|
|
|
|
|
|
|
|
Total |
138 |
130 |
94.2 |
8 |
5.8 |
130 / 8 = 16.1 men convicted for every woman
Average Second Degree Murder Sentence = 10 years minimum + parole ineligibility
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
appeal sentence |
trial sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
7 |
7 |
15.7 |
15.7 |
0 |
na |
na |
|
Ontario |
80 |
74 |
13.2 |
12.6 |
6 |
15.1 |
14.3 |
|
Manitoba |
15 |
14 |
14.5 |
14.5 |
1 |
10.0 |
10.0 |
|
Saskatchewan |
18 |
18 |
16.2 |
14.9 |
0 |
na |
na |
|
Alberta |
18 |
17 |
15.5 |
15.2 |
1 |
20.0 |
20.0 |
|
|
|
|
|
|
|
|
|
|
Total |
138 |
130 |
|
|
8 |
|
|
Average Trial Sentence = ( 7 x 15.7 ) + ( 74 x 13.2 ) + ( 14 x 14.5 ) + ( 18 x 16.2 ) + ( 17 x 15.5 ) / 130
= 1844.8 / 130
= 14.2 years
Average Appeal Sentence = ( 7 x 15.7 ) + ( 74 x 12.6 ) + ( 14 x 14.5 ) + ( 18 x 14.9 ) + ( 17 x 15.2 ) / 130
= 1771.9 / 130
= 13.6 years
Average Trial Sentence = ( 6 x 15.1 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8
= 120.6 / 8
= 15.1 years
Average Appeal sentence = ( 6 x 14.3 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8
= 115.8 / 8
= 14.5 years
Manslaughter includes murders that were not deliberately planned. Manslaughter sentences are generally the lowest for all murder categories. Lesser charges for some specialized situations may also be available. Criminal negligence causing death is one such alternative which is most often used for fatal driving offenses. The sentences are almost entirely discretionary, though similar cases are supposed to act as a guide for appropriate periods of incarceration. The major prerequisite for manslaughter is that the victims death was not planned or anticipated in advance of the act. No premeditation existed. Manslaughter charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute higher murder charge.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
6 |
6 |
100.0 |
0 |
0.0 |
|
Ontario |
53 |
46 |
86.9 |
7 |
13.9 |
|
Manitoba |
19 |
16 |
84.2 |
3 |
25.0 |
|
Saskatchewan |
16 |
14 |
85.7 |
3 |
14.3 |
|
Alberta |
29 |
25 |
83.3 |
4 |
16.7 |
|
|
|
|
|
|
|
|
Total |
124 |
107 |
86.7 |
17 |
13.3 |
107 / 17 = 6.3 men convicted for every woman
Average Manslaughter Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
6 |
6 |
9.5 |
8.2 |
0 |
na |
na |
|
Ontario |
53 |
46 |
8.7 |
8.0 |
7 |
5.5 |
4.9 |
|
Manitoba |
19 |
16 |
8.5 |
8.1 |
3 |
3.7 |
3.7 |
|
Saskatchewan |
17 |
14 |
10.7 |
10.0 |
3 |
5.4 |
5.4 |
|
Alberta |
29 |
25 |
10.7 |
10.1 |
4 |
3.8 |
3.8 |
|
|
|
|
|
|
|
|
|
|
Total |
124 |
107 |
|
|
17 |
|
|
Average Trial Sentence = ( 6 x 9.5 ) + ( 46 x 8.7 ) + ( 16 x 8.5 ) + ( 14 x 10.7 ) + ( 25 x 10.7 ) / 105
= 1010.5 / 105
= 9.4 years
Average Appeal Sentence = ( 6 x 8.2 ) + ( 46 x 8.0 ) + ( 16 x 8.1 ) + ( 14 x 10.0 ) + ( 25 x 10.1 ) / 105
= 939.3 / 105
= 8.8 years
Average Trial Sentence = ( 7 x 5.5 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17
= 81.2 / 17
= 4.8 years
Average Appeal sentence = ( 7 x 4.9 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17
= 76.8 / 17
= 4.5 years
In summary, to compare male and female sentences for murders, a composite measure has been derived, using the minimum sentence for first and second degree murder, and the full sentences for manslaughter.
Average sentence = ( 123 x 25 ) + ( 130 x 13.6 ) + ( 96 x 8.8 ) / 349
= 5687 / 349
= 16.3 years
Average sentence = ( 7 x 25 ) + ( 8 x 14.5 ) + ( 16 x 4.4 ) / 31
= 361.4 / 31
= 11.6 years
The most serious assault charges not involving death is attempted murder. It has a relatively low conviction rate because it requires proof of premeditated intent to kill. Convictions, or plea bargains for lesser included assault charges are more often the result. Sentencing is primarily discretionary. In some cases no injuries may occur, and in others the victim may be permanently disfigured or handicapped.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
2 |
2 |
100.0 |
0 |
0.0 |
|
Ontario |
33 |
32 |
96.9 |
1 |
3.1 |
|
Manitoba |
5 |
5 |
100.0 |
0 |
0.0 |
|
Saskatchewan |
3 |
2 |
66.7 |
1 |
33.3 |
|
Alberta |
3 |
3 |
100.0 |
0 |
0.0 |
|
|
|
|
|
|
|
|
Total |
45 |
44 |
95.6 |
2 |
4.4 |
44 / 2 = 22 men convicted for every woman
Average Attempted Murder Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
2 |
2 |
14.5 |
9.0 |
0 |
na |
na |
|
Ontario |
33 |
32 |
13.4 |
13.3 |
1 |
7.3 |
7.3 |
|
Manitoba |
5 |
5 |
7.2 |
7.2 |
0 |
na |
na |
|
Saskatchewan |
3 |
2 |
11.0 |
11.0 |
1 |
1.8 |
1.8 |
|
Alberta |
3 |
3 |
19.0 |
17.0 |
0 |
na |
na |
|
|
|
|
|
|
|
|
|
|
Total |
45 |
44 |
|
|
2 |
|
|
Average Trial Sentence = ( 2 x 14.5 ) + ( 32 x 13.4 ) + ( 5 x 7.2 ) + ( 2 x 11.0 ) + ( 3 x 19.0 ) / 44
= 572.9 / 44
= 13.0 years
Average Appeal Sentence = ( 2 x 9.0 ) + ( 32 x 13.3 ) + (5 x 7.2 ) + ( 2 x 11.0 ) + ( 3 x 17.0 ) / 44
= 552.6 / 44
= 12.6 years
Average Trial Sentence = ( 1 x 7.3 ) + ( 1 x 1.8 ) / 2
= 9.1 / 2
= 4.5 years
Average Appeal Sentence = ( 1 x 7.3 ) + ( 1 x 1.8 ) / 2
= 9.1 / 2
= 4.5 years
Aggravated assault includes most of the worst assaults not resulting in death. There are a variety of related and complimentary charges. Sexual assaults and assaults using a weapon are examples. Kidnapping and confinement are also typical accessory charges. Common assault or assault causing bodily harm may be included charges, or used as plea bargains. Maiming and criminal negliegence are also related. Uttering threats or violation of restraiuning orders are also often included in the charges. It is almost uncommon that assault charges occur in isolation. Often global sentences are imposed. That can make it difficult to identify the exact term of imprisonmement applying just to the aggravated assault charge. Generally an aggravated assault charge is the most serious and other offences are given concurrent sentences. Weapons charges and some others may receive extended consecutive sentences depending on the situation. Where possible specific terms have been isolated from global sentences. Many problems are involved in assessing assault sentences. Often there are multiple charges. 3 assaults that occurred on separate days should possibly be recorded as 3 separate assaults. But that is less clear if a victim was assaulted in one room and then escaped to another where the perpetrator gave pursuit and continued the assault. The database contains both types of example and most every situation in between. Multiple assaults are generally treated similar to global sentences, as a single entry, unless clearly separate. Consisentency of treatment between the sexes may be more important to this comparative study than determining absolute sentence lengths. Finally it should be noted that sentencing is highly discretionary. 14 years is the maximum but that may be exceeeded by aggravating factors such as weapons offenses. Assaults by sexual predators whereby aggravated assault was an included offense or a plea bargain for rape offenses, have typically been excluded.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
10 |
10 |
100.0 |
0 |
0.0 |
|
Ontario |
77 |
72 |
93.5 |
5 |
6.5 |
|
Manitoba |
15 |
15 |
100.0 |
0 |
0.0 |
|
Saskatchewan |
21 |
20 |
95.0 |
1 |
5.0 |
|
Alberta |
33 |
30 |
90.9 |
3 |
9.1 |
|
|
|
|
|
|
|
|
Total |
156 |
147 |
|
9 |
|
147 / 9 = 16.3 men convicted for every woman
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
10 |
10 |
4.7 |
4.7 |
0 |
Na |
Na |
|
Ontario |
82 |
77 |
6.2 |
5.9 |
5 |
2.2 |
2.2 |
|
Manitoba |
15 |
15 |
3.8 |
3.6 |
0 |
Na |
Na |
|
Saskatchewan |
21 |
20 |
4.1 |
4.4 |
1 |
4.0 |
2.5 |
|
Alberta |
33 |
30 |
4.0 |
3.9 |
3 |
3.6 |
2.3 |
|
|
|
|
|
|
|
|
|
|
Total |
161 |
152 |
|
|
9 |
|
|
Average Trial Sentence = ( 10 x 4.7 ) + ( 77 x 6.2 ) + ( 15 x 3.8 ) + ( 20 x 4.1 ) + ( 30 x 4.0 ) / 152
= 783.4 / 152
= 5.2 years
Average Appeal Sentence = ( 10 x 4.7 ) + ( 15 x 3.6 ) + ( 20 x 4.4 ) + ( 30 x 3.9 ) / 152
= 765.2 / 152
= 5.0 years
Average Trial Sentence = ( 1 x 4.0 ) + ( 3 x 3.6 ) / 4
= 14.8 / 4
= 2.9
Average Appeal Sentence = ( 1 x 2.5 ) + ( 3 x 2.3 ) / 4
= 9.4 / 4
= 2.3 years
As with murders, a composite measure can be constructed to evaluate major assaults.
Average Trial Sentence = ( 45 x 13.0 ) + ( 152 x 5.2 ) / 197
= 1375.4 / 197
= 7.0 years
Average Appeal Sentence = ( 45 x 12.6 ) + ( 152 x 5.0 ) / 197
= 1327.0 / 197
= 6.7 years
Average Trial Sentence = ( 2 x 4.5 ) + ( 9 x 2.9 ) / 11
= 35.1 / 11
= 3.2 years
Average Appeal sentence = ( 2 x 4.5 ) + ( 9 x 2.3 ) / 11
= 29.7 / 11
= 2.7 years
Cases of spousal murders and assaults have been noted in the appendixes. Extracting this data produces the following results. Only 1 case of major assault by a female could be found though female spousal murder rates were higher than every category except child assaults and murders. It would either indicate females did commit a high percentage of murders but did not commit major assaults, or that female major assaults were plea bargained to lower charges.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
7 |
7 |
100.0 |
0 |
0.0 |
|
Ontario |
55 |
49 |
89.1 |
6 |
10.9 |
|
Manitoba |
4 |
3 |
75.0 |
1 |
25.0 |
|
Saskatchewan |
8 |
6 |
75.0 |
2 |
25.0 |
|
Alberta |
8 |
7 |
87.5 |
1 |
12.5 |
|
|
|
|
|
|
|
|
Total |
82 |
72 |
87.8 |
10 |
12.2 |
Average Spousal Murder and Major Assault Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
First degree |
19 |
15 |
25.0 |
25.0 |
4 |
25.0 |
25.0 |
|
Second degree |
23 |
21 |
14.1 |
13.8 |
2 |
12.5 |
12.5 |
|
Manslaughter |
8 |
5 |
12.7 |
12.7 |
3 |
4.8 |
4.8 |
|
Attempted Murder |
16 |
15 |
14.0 |
13.0 |
1 |
1.8 |
1.8 |
|
Aggravated Assaul |
16 |
16 |
6.6 |
6.6 |
0 |
Na |
Na |
|
|
|
|
|
|
|
|
|
|
Total |
82 |
72 |
|
|
10 |
|
|
41 / 9 = 4.6 total male spousal murder convictions for every female conviction
32 / 1 = 32 total male major spousal assault convictions for every female conviction
72 / 10 = 7.2 total male spousal murder and major assault convictions for every female conviction
Average Trial Sentence = ( 15 x 25.0 ) + ( 21 x 14.1 ) + ( 5 x 12.7 ) / 41
= 734.6 / 41
= 17.9 years
Average Appeal Sentence = ( 15 x 25.0 ) + ( 21 x 13.8 ) + ( 5 x 12.7 ) / 41
= 728.1 / 41
= 17.8 years
Average Trial Sentence = ( 4 x 25.0 ) + ( 2 x 12.5 ) + ( 3 x 4.8 ) / 9
= 139.4 / 9
= 15.5 years
Average Appeal Sentence = ( 4 x 25.0 ) + ( 2 x 12.5 ) + ( 3 x 4.8 ) / 9
= 139.4 / 9
= 15.5 years
Average Trial Sentence = ( 15 x14.0 ) + ( 16 x 6.6 ) / 31
= 316.2 / 31
= 10.2 years
Average Appeal Sentence = ( 15 x 13.0 ) + ( 16 x 6.6 ) / 31
= 301.6 / 31
= 9.7 years
Average Trial Sentence = ( 1 x 1.8 ) + ( 0 x 0.0 ) / 1
= 1.8 / 1
= 1.8 years
Average Appeal Sentence = ( 1 x 1.8 ) + ( 0 x 0.0 ) / 1
= 1.8 / 1
= 1.8 years
Cases where children were killed by parents are noted in the appendixes. There are a variety of charges under which offenders were prosecuted, from first degree murder, down to criminal negligence. Women charged specifically with infanticide were found in Alberta and Ontario. Judicial disecretion in sentencing depends on the charge.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
2 |
2 |
100.0 |
0 |
0.0 |
|
Ontario |
15 |
9 |
60.0 |
6 |
40.0 |
|
Manitoba |
3 |
2 |
66.6 |
1 |
33.3 |
|
Saskatchewan |
1 |
0 |
0.0 |
1 |
100.0 |
|
Alberta |
6 |
2 |
20.0 |
4 |
80.0 |
|
|
|
|
|
|
|
|
Total |
27 |
15 |
55.6 |
12 |
44.4 |
15 / 12 = 1.3 men convicted for every woman
Average Infanticide Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
First degree |
6 |
5 |
25.0 |
25.0 |
1 |
25.0 |
25.0 |
|
Second degree |
6 |
5 |
19.2 |
16.0 |
1 |
15.0 |
15.0 |
|
Manslaughter |
9 |
5 |
5.7 |
5.9 |
4 |
4.5 |
3.3 |
|
Infanticide |
3 |
0 |
0.0 |
0.0 |
3 |
4.1 |
4.1 |
|
Criminal Negligence |
3 |
0 |
0.0 |
0.0 |
3 |
3.2 |
3.2 |
|
|
|
|
|
|
|
|
|
|
Total |
27 |
15 |
|
|
12 |
|
|
Average Trial Sentence = ( 5 x 25.0 ) + ( 5 x 19.2 ) + ( 5 x 5.7 ) / 15
= 249.5 / 15
= 16.6 years
Average Appeal Sentence = ( 5 x 25.0 ) + ( 5 x 16.0 ) + ( 5 x 5.9 ) / 15
= 224.5 / 15
= 15.0 years
Average Trial Sentence = ( 1 x 25.0 ) + ( 1 x 15.0 ) + ( 4 x 4.5 ) + ( 3 x 4.1 ) + ( 3 x 3.2 ) / 12
= 79.9 / 12
= 6.6 years
Average Appeal sentence = ( 1 x 25.0 ) + ( 1 x 15.0 ) + ( 4 x 3.3 ) + ( 3 x 4.1 ) + ( 3 x 3.2 ) / 12
= 66.2 / 11
= 6.0 years
Cases where children were assaulted by parents are noted in the appendixes. Guardians such as step parents and babysitters are included. Assaults by children against their parents are not included. The most common major assault of children was shaking babies. A much higher proportion of aggravated assaults by women against children can be found than against spouses.
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
0 |
0 |
0.0 |
0 |
0.0 |
|
Ontario |
9 |
4 |
44.4 |
5 |
55.6 |
|
Manitoba |
0 |
0 |
0.0 |
0 |
0.0 |
|
Saskatchewan |
2 |
2 |
100.0 |
0 |
0.0 |
|
Alberta |
1 |
0 |
0.0 |
1 |
100.0 |
|
|
|
|
|
|
|
|
Total |
12 |
6 |
50.0 |
6 |
50.0 |
6 / 6 = 1.0 man convicted for every woman
Average Child Assault Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Newfoundland |
0 |
0 |
Na |
Na |
0 |
Na |
Na |
|
Ontario |
6 |
4 |
6.9 |
6.9 |
5 |
3.1 |
2.7 |
|
Manitoba |
0 |
0 |
Na |
Na |
0 |
Na |
Na |
|
Saskatchewan |
2 |
2 |
4.8 |
4.2 |
0 |
Na |
Na |
|
Alberta |
1 |
0 |
Na |
Na |
1 |
1.3 |
1.3 |
|
|
|
|
|
|
|
|
|
|
Total |
12 |
6 |
|
|
6 |
|
|
Average Trial Sentence = ( 4 x 6.9 ) + ( 2 x 4.8 ) / 6
= 37.0 / 6
= 6.2 years
Average Appeal Sentence = ( 4 x 6.9 ) + ( 2 x 4.2 ) / 6
= 35.9 / 6
= 6.0 years
Average Trial Sentence = ( 5 x 3.1 ) + ( 1 x 1.3 ) / 6
= 15.5 / 6
= 2.8 years
Average Appeal sentence = ( 5 x 2.7 ) + ( 1 x 1.3 ) / 6
= 13.5 / 6
= 2.5 years
|
|
total |
# men |
% men |
# women |
%women |
|
|
|
|
|
|
|
|
Newfoundland |
28 |
28 |
100.0 |
0 |
0.0 |
|
Ontario |
345 |
322 |
93.3 |
23 |
6.7 |
|
Manitoba |
56 |
51 |
91.1 |
5 |
8.9 |
|
Saskatchewan |
62 |
57 |
91.9 |
5 |
8.1 |
|
Alberta |
99 |
89 |
89.9 |
10 |
10.1 |
|
|
|
|
|
|
|
|
Total |
590 |
547 |
92.7 |
43 |
7.3 |
Average Major Assault and Homicide Sentences
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
First degree |
131 |
124 |
25.0 |
25.0 |
7 |
25.0 |
25.0 |
|
Second degree |
138 |
130 |
14.2 |
13.6 |
8 |
15.1 |
14.5 |
|
Manslaughter |
124 |
107 |
9.4 |
8.8 |
17 |
4.8 |
4.5 |
|
Attempted Murder |
47 |
45 |
13.0 |
12.6 |
2 |
4.5 |
4.5 |
|
Aggravated Assault |
161 |
152 |
5.2 |
5.0 |
9 |
2.9 |
2.3 |
|
|
|
|
|
|
|
|
|
|
Total |
590 |
547 |
|
|
43 |
|
|
Comparison of Male and Female Sentencing
|
|
Total cases |
( # men / # women ) |
( Female trial sentence / male trial sentence ) x 100 |
( Female appeal sentence / male appeal sentence ) x 100 |
|
|
|
|
|
|
|
First degree |
131 |
124 / 7 = 17.7 |
25.0 / 25.0 x 100 = 100.0 |
25.0 / 25.0 x 100 = 100.0 |
|
Second degree |
138 |
130 / 8 = 16.3 |
15.1 / 14.2 x 100 = 106.3 |
14.5 / 13.6 x 100 = 106.6 |
|
Manslaughter |
124 |
107 / 17 = 6.3 |
4.8 / 9.4 x 100 = 51.1 |
4.5 / 8.8 x 100 = 51.1 |
|
Attempted Murder |
47 |
45 / 2 = 22.5 |
4.5 / 13.0 x 100 = 34.6 |
4.5 / 12.6 x 100 = 35.7 |
|
Aggravated Assault |
161 |
152 / 9 = 16.9 |
2.9 / 5.2 x 100 = 55.7 |
2.9 / 5.2 x 100 = 55.7 |
|
|
|
|
|
|
|
Total |
590 |
547 / 43 = 12.7 |
|
|
|
|
total |
# men |
trial sentence |
appeal sentence |
# women |
trial sentence |
appeal sentence |
|
|
|
|
|
|
|
|
|
|
Spousal Murders |
50 |
41 |
17.9 |
17.8 |
9 |
15.5 |
15.5 |
|
Spousal Assaults |
32 |
31 |
10.2 |
9.7 |
1 |
1.8 |
1.8 |
|
Infant Murders |
27 |
15 |
16.6 |
15.0 |
12 |
6.6 |
6.0 |
|
Child Assualts |
12 |
6 |
6.2 |
6.0 |
6 |
2.8 |
2.5 |
|
|
|
|
|
|
|
|
|
|
Total |
121 |
93 |
|
|
28 |
|
|
Comparison of Male and Female Sentencing
|
|
Total cases |
( # men / # women ) |
( Female trial sentence / male trial sentence ) x 100 |
( Female appeal sentence / male appeal sentence ) x 100 |
|
|
|
|
|
|
|
Spousal Murders |
50 |
41 / 9 = 4.5 |
15.5 / 17.9 x 100 = 86.0 |
15.5 / 17.8 x 100 = 87.0 |
|
Spousal Assualts |
32 |
31 / 1 = 31.0 |
1.8 / 10.2 x 100 = 17.6 |
1.8 / 9.7 x 100 = 18.6 |
|
Infant Murders |
27 |
15 / 12 = 1.3 |
6.6 / 16.6 x 100 = 39.8 |
6.0 / 15.0 x 100 = 40.0 |
|
Child Assaults |
12 |
6 / 6 = 1.0 |
2.8 / 6.2 x 100 = 45.2 |
2.5 / 6.0 x 100 = 41.7 |
|
|
|
|
|
|
|
Total |
590 |
547 / 43 = 12.7 |
|
|
In conclusion, murders for which males were convicted exceeded those of females by more than 16 to 1 in both first and second degree murders. The far greater prevalence of female convictions for manslaughter would tend to indicate they were plea bargained to lesser charges. Male and female sentences were necessarily equal for fixed first degree murder convictions. Male sentences were just over 6 % less than females for second degree murder. Female sentences were almost 50 % less for manslaughter , 65 % less for attempted murder, and 55 % less for aggravated assault. Female sentences were 13.5 % less for spousal murders, and the absence of female convictions for major spousal assaults would also tend to indicate they were given plea bargains to lesser charges and therefore received lesser sentences. Female sentences were 60 % less in child killings, and for child assaults. The overall database showed a 12.7 to 1 ratio for male to female convictions. Spousal convictions showed an average of 7.2 male convictions for every female conviction indicating females were more prone to violence directed towards their spouses. 53 % of murders committed by females were against their spouses compared to 38.3 for males. Convictions for violence against children were relatively even though males received longer sentences. It must be concluded that a significant sexual bias favouring females exists in the sentencing of crimes of violence by the Superior Court,.
|
|
|
sex |
sentence
|
description |
|
1 |
R. v. Appleton, 2001 CanLII 21204 (ON C.A.) |
m |
First degree murder |
Man kills mother in law |
|
2 |
R. v. Beaucage, 2005 CanLII 23676 (ON C.A.) |
m |
First degree murder |
Killed wife. Appeal dismissed |
|
3 |
R. v. Belowitz, 1993 CanLII 616 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
4 |
R. v. Bernardo, 2000 CanLII 5678 (ON C.A.) |
m |
First degree murder |
2 counts, confinement, sexual assault |
|
5 |
R. v. Biscombe, 2001 CanLII 3114 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
6 |
R. v. Brown, 2002 CanLII 41917 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
7 |
R. v. Brown, 2006 CanLII 42683 (ON C.A.) |
m |
First degree murder |
Also 12 counts of robbery |
|
8 |
R. v. C.D., 2005 CanLII 5667 (ON C.A.) |
w |
First degree murder |
Woman poisons ex husband with antifreeze in his wine |
|
9 |
R. v. Campbell, 2005 CanLII 39861 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
10 |
R. v. Carrière, 2004 CanLII 34707 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
11 |
R. v. Charrette, 1998 CanLII 2696 (ON C.A.) |
m |
First degree murder |
Appeal disissed |
|
12 |
R. v. Clark, 2004 CanLII 12038 (ON C.A.) |
m |
First degree murder |
2 counts, appeal dismissed |
|
13 |
R. v. Collins, 1989 CanLII 264 (ON C.A.) |
m |
First degree murder |
Planned the murder of a policeman, appeal dismissed |
|
14 |
R. v. Cowell, 2006 CanLII 20524 (ON C.A.) |
m |
First degree murder |
Man kills wife, appeal dismissed |
|
15 |
R. v. Cronton Edwards, 2004 CanLII 32312 (ON C.A.) |
m |
First degree murder |
2 counts, appeal dismissed |
|
126 |
R. v. Curran, 2004 CanLII 10434 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
17 |
R. v. Dakin, 1995 CanLII 1106 (ON C.A.) |
m |
First degree murder |
2 counts, man kills girlfriend and her child by pouring gas on them in bed and setting them on fire |
|
18 |
R. v. David, 2002 CanLII 45049 (ON C.A.) |
m |
First degree murder |
3 counts, man kills mother and 2 others with sledgehammer |
|
19 |
R. v. Edelenbos, 2004 CanLII 875 (ON C.A.) |
m |
First degree murder |
Sexually assaulted woman and killed her |
|
20 |
R. v. Fieldhouse, 1994 CanLII 1802 (ON C.A.) |
m |
First degree murder |
2 men in beating death, appeal dismissed |
|
21 |
R. v. Fieldhouse, 1994 CanLII 1802 (ON C.A.) |
m |
First degree murder |
2 men in beating death, appeal dismissed |
|
22 |
R. v. Foreman, 2002 CanLII 6305 (ON C.A.) |
m |
First degree murder |
Man kills former girlfriend |
|
23 |
R. v. G.C., 2005 CanLII 12679 (ON C.A.) |
m |
First degree murder |
2 counts, appeal dismissed |
|
24 |
R. v. Gayle, 2001 CanLII 4447 (ON C.A.) |
m |
First degree murder |
Kills a policeman |
|
25 |
R. v. Harding Lovie, 1995 CanLII 801 (ON C.A.) |
m |
First degree murder |
2 counts and attempted murder, appeal dismissed |
|
26 |
R. v. Hector, 2000 CanLII 5725 (ON C.A.) |
m |
First degree murder |
3 counts, appeal dismissed |
|
27 |
R. v. Heyden, 1999 CanLII 1934 (ON C.A.) |
m |
First degree murder |
Father and son convicted of killing business associate |
|
28 |
R. v. Heyden, 1999 CanLII 1934 (ON C.A.) |
m |
First degree murder |
Father and son convicted of killing business associate |
|
29 |
R. v. Ho, 1999 CanLII 3823 (ON C.A.) |
m |
First degree murder |
Man kills girlfriend |
|
30 |
R. v. Humaid, 2006 CanLII 12287 (ON C.A.) |
m |
First degree murder |
Man kills wife |
|
31 |
R. v. James, 2006 CanLII 33664 (ON C.A.) |
m |
First degree murder |
Sexual assaulted victim |
|
32 |
R. v. Jones, 2001 CanLII 7588 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
33 |
R. v. Jones, 2003 CanLII 12422 (ON C.A.) |
m |
First degree murder |
Appeal disissed |
|
34 |
R. v. Joyce, 1996 CanLII 3040 (ON C.A.) |
m |
First degree murder |
Robbery, appeal dismissed |
|
35 |
R. v. Joyce, 1996 CanLII 3040 (ON C.A.) |
m |
First degree murder |
Robbery, appeal dismissed |
|
36 |
R. v. Kimberley, 2001 CanLII 24120 (ON C.A.) |
m |
First degree murder |
Unlawful confinement, woman beaten to death and robbed in parking garage |
|
37 |
R. v. Kimberley, 2001 CanLII 24120 (ON C.A.) |
m |
First degree murder |
Unlawful confinement, woman beaten to death and robbed in parking garage |
|
39 |
R. v. Kinkead, 2003 CanLII 52177 (ON C.A.) |
m |
First Degree murder |
2 counts, appeal dismissed |
|
39 |
R. v. Lee, 2005 CanLII 46628 (ON C.A.) |
m |
First degree murder |
|
|
40 |
R. v. Loughlin, 2006 CanLII 1176 (ON C.A.) |
m |
First degree murder |
Makes it look like wife committed suicide |
|
41 |
R. v. Mach, 1999 CanLII 3752 (ON C.A.) |
m |
First degree murder |
Also attempted murder |
|
42 |
R. v. MacKinnon, 1999 CanLII 1723 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
43 |
R. v. Malboeuf, 1997 CanLII 1414 (ON C.A.) |
m |
First degree murder |
Sexual sadism and “ necrophilia lust “. |
|
44 |
R. v. Malik, 2007 ONCA 120 (CanLII) |
m |
First degree murder |
Beat man with baseball bat |
|
45 |
R. v. Marshall, 2005 CanLII 30051 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
46 |
R. v. McAuley, 1997 CanLII 1630 (ON C.A.) |
w |
First degree murder |
Wife plans murder of husband with son and accomplice to look like a robbery |
|
47 |
R. v. McAuley, 1997 CanLII 1630 (ON C.A.) |
w |
First degree murder |
Wife plans murder of husband with son and accomplice to look like a robbery |
|
48 |
R. v. McCaw, 1998 CanLII 1294 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
49 |
R. v. McGregor, 1999 CanLII 2553 (ON C.A.) |
m |
First degree murder |
Man kills ex wife |
|
50 |
R. v. McNeil, 2006 CanLII 33663 (ON C.A.) |
m |
First degree murder |
Killed ex wifes boyfriend and tried to kill ex wife and burn house |
|
51 |
R. v. Merz, 1999 CanLII 1647 (ON C.A.) |
m |
First degree murder |
Planned murder of separated wife with children |
|
52 |
R. v. Mirkhandan, 2004 CanLII 15487 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
53 |
R. v. Mullins-Johnson, 1996 CanLII 1214 (ON C.A.) |
m |
First degree murder |
Man sexually assaults 4 year old daughter |
|
54 |
R. v. Needham, 1996 CanLII 1193 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
55 |
R. v. Nguyen, 2002 CanLII 44910 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
56 |
R. v. Niemi, 1998 CanLII 2191 (ON C.A.) |
m |
First degree murder |
Man dies before appeal is heard |
|
57 |
R. v. Norouzali, 2003 CanLII 10348 (ON C.A.) |
m |
First degree murder |
2 counts, 4 counts attempted murder, roberry, firearms |
|
58 |
R. v. Olah, 1997 CanLII 3023 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
59 |
R. v. Osmar, 2007 ONCA 50 (CanLII) |
m |
First degree murder |
Appeal dismissed |
|
60 |
R. v. Pengelly, 2000 CanLII 16874 (ON C.A.) |
m |
First degree murder |
Kills girlfriends child |
|
61 |
R. v. Perera, 2005 CanLII 22125 (ON C.A.) |
m |
First degree murder |
Forcible confinement, appeal dismissed |
|
62 |
R. v. Pilotte, 2002 CanLII 34599 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
63 |
R. v. Poitras, 2002 CanLII 23583 (ON C.A.) |
m |
First degree murder |
Deceased wife charged as accessory after the fact, deceased dismembered |
|
64 |
R. v. Pollock, 2004 CanLII 16082 (ON C.A.) |
m |
First degree murder |
Murder charge upheld, other charges reduced or allowed appeal. |
|
65 |
R. v. Porter, 1997 CanLII 929 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
66 |
R. v. Raghunauth, 2005 CanLII 37253 (ON C.A.) |
m |
First degree murder |
Man poisons wife with cyanide for insurance money |
|
67 |
R. v. Randall, 2007 ONCA 40 (CanLII) |
m |
First degree murder |
Killed common law wife |
|
68 |
R. v. Richardson, 2003 CanLII 3896 (ON C.A.) |
m |
First degree murder |
Victims kidnapped comfined and tortured over drug debts |
|
69 |
R. v. Richardson, 2003 CanLII 3896 (ON C.A.) |
m |
First degree murder |
Victims kidnapped comfined and tortured over drug debts |
|
70 |
R. v. Richardson, 2003 CanLII 3896 (ON C.A.) |
m |
First degree murder |
Victims kidnapped comfined and tortured over drug debts |
|
71 |
R. v. Rochon, 2003 CanLII 9600 (ON C.A.) |
m |
First degree murder |
Wife and son kill asbusive husband for insurnce money |
|
72 |
R. v. Rochon, 2003 CanLII 9600 (ON C.A.) |
w |
First degree murder |
Wife and son kill asbusive husband for insurnce money |
|
73 |
R. v. Rowe, 2006 CanLII 14235 (ON C.A.) |
m |
First degree murder |
Shot teller during bank robbery |
|
74 |
R. v. Roy, 2003 CanLII 4272 (ON C.A.) |
m |
First degree murder |
Child sexually assaulted |
|
75 |
R. v. Royer, 1995 CanLII 1174 (ON C.A.) |
m |
First degree murder |
Kills girlfriends child and attempts to murder her |
|
76 |
R. v. Sandhu, 2006 CanLII 8886 (ON S.C.) |
m |
First degree murder |
Principle character in beating death |
|
77 |
R. v. Savojipour, 2006 CanLII 3458 (ON C.A.) |
m |
First degree murder |
Man rapes and kills estranged lovers 16 year old son, defleshes victim and hides body parts |
|
78 |
R. v. Singh Samra, 2005 CanLII 13029 (ON C.A.) |
m |
First degree murder |
Shoots 2 lawyers, wife and daughter at trial at Court of Appeal, appeal dismissed |
|
79 |
R. v. Snow, 2004 CanLII 34547 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
80 |
R. v. Snowdon, 2004 CanLII 18493 (ON C.A.) |
m |
First degree murder |
Killed child and dumped body in Lake Ontario |
|
81 |
R. v. Stark, 2000 CanLII 3503 (ON C.A.) |
m |
First degree murder |
Confined and assaulted and killed daughters friend |
|
82 |
R. v. Stewart, 2006 CanLII 11226 (ON C.A.) |
m |
First degree murder |
2 counts |
|
83 |
R. v. Tavenor, 2001 CanLII 24139 (ON C.A.) |
m |
First degree murder |
Killed wife |
|
84 |
R. v. Taylor, 2002 CanLII 11611 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
85 |
R. v. Terceira, 1998 CanLII 2174 (ON C.A.) |
m |
First degree murder |
Man rapes and kills child |
|
86 |
R. v. V.D.F., 2006 CanLII 40676 (ON S.C.) |
m |
First degree murder |
Man shoots wife and others in nightclub. 2 killed, wife survives, history of domestic assault |
|
87 |
R. v. Varcoe, 1996 CanLII 1129 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
88 |
R. v. Wall, 2005 CanLII 44164 (ON C.A.) |
m |
First degree murder |
Killed girlfriend and dismembered her with a hacksaw in the bathtub |
|
89 |
R. v. Wells, 2001 CanLII 24130 (ON C.A.) |
m |
First degree murder |
2 counts and 2 counts second degree |
|
90 |
R. v. Westergard, 2004 CanLII 16356 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
91 |
R. v. White, 1996 CanLII 3013 (ON C.A.) |
m |
First degree murder |
Execution stlye killing |
|
92 |
R. v. White, 1996 CanLII 3013 (ON C.A.) |
m |
First degree murder |
Execution stlye killing |
|
93 |
R. v. Wiltse, 1994 CanLII 822 (ON C.A.) |
m |
First degree murder |
Man beaten and body dumped in forest |
|
94 |
R. v. Wiltse, 1994 CanLII 822 (ON C.A.) |
m |
First degree murder |
Man beaten and body dumped in forest |
|
95 |
R. v. Winmill, 1999 CanLII 1353 (ON C.A.) |
m |
First degree murder |
Appeal dismissed |
|
96 |
R. v. Yarema, 2006 CanLII 23953 (ON S.C.)
|
m |
First degree murder |
Beating death, left to die in woods, allowed to make early release application after 15 years for being a model prisoner |
|
97 |
Regina v. Minhas, 1986 CanLII 144 (ON C.A.) |
w |
First degree murder |
Woman kills 8 year old daughter |
|
1 |
R. v. Alexander, 2001 CanLII 6116 (ON C.A.) |
m |
Manslaughter 151/2 years |
Reduced to 12 years on appeal |
|
2 |
R. v. Biscombe, 2001 CanLII 3114 (ON C.A.) |
m |
Manslaughter, 8 years, |
Testified against his partner in armed robbery |
|
3 |
R. v. Bisson, 2004 CanLII 12844 (ON S.C.) |
w |
Manslaughter, 10 years, 4 ½ years deducted for time served |
Beating death from fight when intoxicated, woman has psychiatric problems |
|
4 |
R. v. Bisson, 2004 CanLII 12844 (ON S.C.)
|
m |
Manslaughter, 10 years, 4 years deducted for 2 years served |
Beating death from fight when intoxicated, mans father in jail for life for killing second wife. |
|
5 |
R. v. Brizard, 2006 CanLII 5444 (ON C.A.) |
m |
Manslaughter 5 years, original sentence not stated |
Reduced to 5 years on appeal |
|
6 |
R. v. Brown, 2006 CanLII 5615 (ON S.C.) |
m |
Manslaughter, declared a dangerous offender, indeterminate sentence |
Vagrant chronic alcoholic kills acquaintance he is drinking with |
|
7 |
R. v. C.W., 2006 CanLII 11225 (ON C.A.) |
m |
Manslaughter 12 years |
Sexual interference with 3 teenaged girls |
|
8 |
R. v. Campbell, 2005 CanLII 801 (ON S.C.) |
m |
Manslaughter, declared dangerous offender, indeterminant sentence |
Charged with second degree murder, plead guilty to manslaughter, history of violence, psyciatric problems |
|
9 |
R. v. Carrière, 2002 CanLII 41803 (ON C.A.) |
m |
Manslaughter, 17 years equivalent sentence, 2 years 8 months pretrial counted as 3 years |
Aboriginal, shot man twice in armmmed robbery, originally convicted of second degree murder overturned on appeal |
|
10 |
R. v. Chenier, 2006 CanLII 3560 (ON C.A.)
|
m |
Manslaughter 15 years |
Biker murders, plead guilty in exchage for charge dropped from first degree murder |
|
11 |
R. v. Clapp, 1998 CanLII 992 (ON C.A.) |
m |
Manslaughter, 15 years |
Reduced to 10 years on appeal |
|
12 |
R. v. Clarke, 2003 CanLII 28199 (ON C.A.) |
m |
Manslaughter 14 years |
Sentence reduced to 9 years on appeal |
|
13 |
R. v. Cleyndert, 2006 CanLII 33851 (ON C.A.) |
m |
Manslaughter 12 years |
Appeal dismissed |
|
14 |
R. v. Cooney, 1995 CanLII 707 (ON C.A.) |
m |
Manslaughter, 12 years |
Sentence reduced to 8 years on appeal |
|
15 |
R. v. Craig, 2003 CanLII 12866 (ON C.A.) |
m |
Manslaughter, 10 years |
Man kills gay lover, sentence reduced to 7 years on appeaL |
|
16 |
R. v. Crooks, [1996] O.J. No. 3965 |
m |
Manslaughter, 8 years |
Man killed in robbery of firearms training center |
|
17 |
R. v. Da Silva, 2005 CanLII 46380 (ON C.A.) |
w |
Manslaughter, 3 years |
Neglected baby and went out dancing. |
|
18 |
R. v. Dang, 2004 CanLII 19519 (ON S.C.) |
w |
Manslaughter and conspiracy, 34 months served, 2 years 7 months more to be served |
Woman lures couple to remote spot where they are killed, claims she didn’t know, plea bargain |
|
19 |
R. v. Devaney, 2006 CanLII 33666 (ON C.A.) |
m |
Manslaughter, 11 years including time served |
Killed landyladt when she told him he had to move out |
|
20 |
R. v. Douglas, 1996 CanLII 666 (ON C.A.) |
m |
Manslaughter 3 years |
Second party in biker killing, appeal court says sentence is too low but doesn’t change it |
|
21 |
R. v. Douglas, 1996 CanLII 666 (ON C.A.) |
m |
Manslaughter 7 years |
Biker killing |
|
22 |
R. v. Douglas, 1996 CanLII 666 (ON C.A.) |
m |
Manslaughter 7 years |
First party in vigilante type killing of biker |
|
23 |
R. v. Fiddler, 2005 CanLII 21101 (ON S.C.) |
m |
Manslaughter, 2 years, no probation or DNA |
Baby dies with bruising. Wife pleads guilty to manslaughter, husband charged for failure to provide protection |
|
24 |
R. v. Fisher, 2004 CanLII 10497 (ON S.C.) |
w |
Manslaughter, 8 years, credit for 3 years served |
Alcohol and domestic violence problems, woman kills commn law husband with knife when drunk in a fight. |
|
25 |
R. v. G.L., 2005 CanLII 5492 (ON S.C.) |
m |
Manslaughter, 7 years, 5 years credit for pretrial jail in oppressive Don Jail |
Revenge killing for beating, didn’t know other person had a gun, innocent man killed |
|
26 |
R. v. Garrison, 1999 CanLII 2875 (ON C.A.) |
m |
Manslaughter 14 years |
Sentence changed to 10 years on appeal |
|
27 |
R. v. Gough [1995] O.J. No. 4325 |
m |
Manslaughter 15 years |
Innocent victim killed in armed robbery, 15 year sentence reduced to 12 years on appeal due to youth |
|
28 |
R. v. Haché, 1995 CanLII 2126 (ON C.A.) |
m |
Manslaughter 9 years |
Kills girlfriend and claims it was self defense |
|
29 |
R. v. Hanifan, 2001 CanLII 4000 (ON C.A.) |
m |
Manslaughter 6 years |
Appeal dismissed |
|
30 |
R. v. Haynes, 2005 CanLII 19792 (ON S.C.)
|
m |
Manslaughter, 5 years with 30 month credit for pretrial jail |
Charged with second degree murder, plead guilty to manslaughter, not premeditated, other person strikes the first blow and man stabs him |
|
31 |
R. v. Langkamm, 2003 CanLII 4429 (ON S.C.) |
w |
Manslaughter, 2 ½ years |
Set fire that killed man, says she just intended to make him move, second degree but convicted of attached manslaughter charge. |
|
32 |
R. v. Leaf [2004] O.J. No. 1692, (S.C.) |
m |
Manslaughter, 9 years not including 29 months pretrial |
Robbed people buying contraband cigarettes, gun discharged by accidentconcurrent terms for robbery and possession of counterfit money. |
|
33 |
R. v. Marini, 2006 CanLII 34282 (ON S.C.) |
m |
Manslaughter, 12 years with 2 years deducted for pretrial time served |
Break in and force jewelry store owner to open safe, owner killed, 8 yearsaggravated assault, 6 years robbery, 4 years conspiracy rto commit robbery served concurrent |
|
34 |
R. v. Marks [1996] O.J. No. 5262
|
m |
Manslaughter 9 years not including 2 years pretrial custody |
Armed robbery at a private home, owner killed, other gun and robbery charges |
|
35 |
R. v. McCullough, 2000 CanLII 1983 (ON C.A.) |
m |
Manslaughter, 7 years |
Group of men sexually assaualted and killed another man |
|
36 |
R. v. McCullough, 2000 CanLII 1983 (ON C.A.) |
m |
Manslaughter, 7 years |
Group of men sexually assaualted and killed another man |
|
37 |
R. v. Oliver, 2005 CanLII 3582 (ON C.A.) |
m |
Manslaughter, total 8 years ( 4 years plus 2 served ) |
Helped friend beat homeless person hassling his girlfriend |
|
38 |
R. v. Pitter, 2006 CanLII 41813 (ON S.C.)
|
m |
Manslaughter, 11 years, firearm charges concurrent sentences |
Shot 2 people in parking lot, criminal record with no violence, deterent to taking guns in public places |
|
39 |
R. v. Price, [2000] O.J. No. 886 |
m |
Manslaughter, 5 years |
Robbery of a jewelry store, plead guilty and testifies against partners |
|
40 |
R. v. Price, [2000] O.J. No. 886 |
m |
Manslaughter,6 1/2 years |
Robbery of a jewelry store, driver of the getaway car, hadn’t participated in the robbery, sentence reduced on appeal from 9 years |
|
41 |
R. v. Roberts, 2004 CanLII 22964 (ON S.C.) |
m |
Manslaughter, 6 years less time served |
Fight between 2 men. |
|
42 |
R. v. Rogers, 1996 CanLII 1136 (ON C.A.) |
m |
Manslaughter 2 year including time served |
|
|
43 |
R. v. Sandhu, 2006 CanLII 8886 (ON S.C.)
|
m |
Manslaughter, 7 years |
Involved in beating death butr less blameworthy |
|
44 |
R. v. Shanks, 1996 CanLII 2080 (ON C.A.) |
m |
Manslaughter 6 years |
Man dies of heart attack hours after fight, sentence reduced to 2 years on appeal |
|
45 |
R. v. Shepherd, 2006 CanLII 23944 (ON S.C.)
|
m |
Manslaughter, 10 years, 2 ½ years deducted for 27 months served |
Beat old lady to death when she tried to phone police. |
|
46 |
R. v. Simcoe, 2002 CanLII 5352 (ON C.A.) |
w |
Manslaughter 4 years |
Daughter kills father who was sexually abusing herentence reduced to time seved |