SENTENCING - Manslaughter - Particular sanctions - Imprisonment

Law360 Canada (July 19, 2021, 9:25 AM EDT) -- Appeal by Beaver and Lambert from the four-year sentence imposed following their convictions for manslaughter. The appellants had a dispute with the victim, their roommate, about rent. Both appellants participated in punching, kicking, choking, and slamming the victim’s face into the ground. After knowing the victim had stopped breathing, the appellants left him unaided at the foot of the stairs to his home in a failed effort to feign accident. In a voir dire, the trial judge found the appellants were arbitrarily detained and unlawfully taken into police custody in breach of their Charter rights but refused to exclude the appellants’ statements to police on the basis that the breach had little effect on the appellants....
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