Tuesday, December 3, 2019

Three year sentence handed down following trial from 2017 manslaughter cases

It's been just over a two year period between the arrest of a minor and the end of the legal process in a case file that shocked the community.

The end coming with sentencing for the minor, now convicted of the twin counts of manslaughter stemming  from 2017.

The incident dates back to a call to RCMP in October of 2017 as they responded to a report of twin stabbings in early hours of October 18th taking place in a home on the 400 block of Ninth Avenue West, an event which ultimately claimed the lives of two victims, Foster parents to a youth of the age of 17 at the time.

Because the youth was charged as a minor, no names have been released as part of the court case, with simple initials used to identify the two victims and defendant. The latter who was originally charged with second degree murder, but eventually convicted of manslaughter.

The trial process began in April of this year, with hearings taking place through two weeks in May as well.  It came to an end in the court room of BC supreme Court Justice James W. Williams who issued his ruling on June 27th of this year, with the full Judgment on the case now posted to the BC Supreme Court website.

The  background to the case provides some context to the events of the day in question, with the Justice making note of the troubled relations between the Foster parents and the defendant in the days and weeks leading up to the stabbings.

The final determination from the Justice provided for the reasoning behind the conviction, with the Justice observing that he was satisfied that the elements of manslaughter had been established.

All things considered, I have some doubt as to whether or not the circumstances of the stabbing of H.L. support the conclusion that, at the relevant time, B.E. had the requisite murderous intent and, accordingly, I am not prepared to find the charge of murder to have been proven

Nevertheless, It is to my mind self-evident that the offence of unlawful act manslaughter has been made out. There is no doubt that the wounds inflicted by B.E. caused the death of H.L. Furthermore, I am satisfied that they were the consequence of an unlawful act, that is, an assault with a weapon, and the act was inherently dangerous.

 In the result, I find that the Crown has not proven the offences of murder with respect to the death of either S.L. or H.L. However, I do find that the Crown has proven the included offence of manslaughter, in respect of each of those two persons.

The defendant, will serve a three year sentence.

For more notes on the work of Emergency Responders in the Northwest see our archive page here.

To return to the most recent blog posting of the day, click here.

No comments:

Post a Comment