R. v. Wallace Date:, 2017 BCPC 354

Citation: R. v. Wallace Date: 20171103 2017 BCPC 354 File No: 219352-2-C Registry: Surrey IN THE PROVINCIAL COURT OF BRITISH COLUMBIA Criminal REGINA v. JASON FRANCIS WALLACE ORAL REASONS FOR SENTENCE OF THE HONOURABLE JUDGE E. GORDON Counsel for the Crown: J. Pellerin; D. Wiedemann Counsel for the Defendant: R. Claus Place of Hearing: Surrey , B.C. Date of Hearing: November 3, 2017 Date of Judgment: November 3, 2017

[ 1 ] You are before me for sentencing on a charge of Manslaughter where the deceased was a good friend of yours. I cannot imagine, having read all of the circumstances and the amount of intoxicants that you consumed, the guilt that you must feel. [ 2 ] This is really, if I may use the expression, a perfect case of manslaughter because you would never have intended to kill your friend, you had no animosity towards your friend and yet, because of your voluntary intoxication combined with a readily available firearm, this horrific circumstance occurred.

That is why the Criminal Code includes manslaughter as an offence. It reflects that an unintended death ensues following upon an unlawful act. As your lawyer has pointed out, the range of sentence is from probation to life imprisonment. In your case, because of the use of a firearm, the range is from four years to life imprisonment, because, as you know, Canada is not fond of the use of firearms. [ 3 ] Your case is also more unique in that you turned yourself in and you have admitted your responsibility throughout. You have a well-founded fear for the well-being of your loved ones.

I cannot imagine how difficult the last 333 days have been and how difficult the rest of your time in custody will be. [ 4 ] As your lawyer said, I will not say the word senior, very experienced lawyers have put their minds to this and have concluded that eight years is appropriate both for the crime itself, the circumstances under which it was committed, and your unique personal circumstances and antecedents. I completely agree.

I would not have questioned the joint recommendation of these experienced counsel for a second. [ 5 ] Your lawyer says that you are determined to ensure that you are never back in conflict with the law. [ 6 ] I have never spent time living in a penitentiary, but I have certainly, in my previous career as a defence lawyer, been to many penitentiaries. They are horrific places. You are probably going to go through several days where that determination is challenged, but I hope that you can keep that true.

For you, I want there to be light at the end of the tunnel, and the light at the end of the tunnel will be working with your case management team to ensure that you are back with your family as soon as possible. [ 7 ] In all of the circumstances, sir, the record will reflect 499 days time served, plus an additional six years, seven months and 21 days. [ 8 ] Do you presently own or possess any firearms, ammunition or explosives? [ 9 ] THE ACCUSED: No, I don't have. [ 10 ] THE COURT: For the rest of your life you are prohibited from owning or possessing any firearms, ammunition or explosives. [ 11 ] I am certain you have already provided your DNA to the authorities, but I am obligated to make that nominal order today, because what that means is that your DNA will remain in the known bank for an extended period now. [ 12 ] There would have been a $200 surcharge, but in default of payment, two days concurrent, so you do not have to pay the $200. [ 13 ] Good luck sir. (REASONS FOR SENTENCE CONCLUDED)