CRIMINAL CODE OFFENCES - Homicide - Manslaughter - Particular sanctions - Mitigating factors

Law360 Canada (September 5, 2023, 8:58 AM EDT) -- Appeal by Phillips from her sentence for manslaughter on grounds that sentencing judge failed to assess her moral blameworthiness for the offence. Following an altercation, Phillips attacked her then boyfriend Ford with a knife, stabbing him numerous times. While Ford managed to get the knife from Phillips, she continued her attack using various decorative items from the hotel lobby. Ford succumbed to his injuries shortly after emergency medical services arrived on the scene. Phillips pleaded guilty to manslaughter. At the time of the offence, Phillips was suffering from a methamphetamine-induced psychosis and feared that Ford was going to kill her and her family. In determining the sentence, the judge recognized the principle of proportionality, the principle of parity, as well as the broad range of sentencing options available for manslaughter. The sentencing judge sentenced Phillips to eight years in prison less 579 days of enhanced credit for time already served, a ten-year weapons prohibition and a mandatory DNA order. Phillips asked the court to reduce her sentence from eight years to three to four years. She argued the sentencing judge failed to adequately consider the specific Gladue factors bearing on her moral blameworthiness for the offence....
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