Appeal from a 7-year sentence after appellant was convicted of manslaughter. Accused and victim were middle-aged professionals. After a night of drinking, the victim pushed the appellant against a counter and threatened to beat and rape him and his wife. Appellant then stabbed the victim 23 times. Appellant called 911 and tried to help the victim, and was remorseful. First-time offender with positive PSR and community support.
Held: Appeal dismissed.
“In our view, the fact that in the aftermath of his violent attack on the victim, the appellant demonstrated he was profoundly affected by what he had done does not have the additional impact on sentencing which our colleague proposes, beyond the consideration given to those circumstances by the trial judge.” Trial judge did not materially misconceive the factual circumstances, and took provocation into account in coming to the sentence determination. Seven year sentence not unfit. Berger, JA dissented.
G. Wolch – Defence Counsel