SENTENCING — Criminal Code offences — Homicide — Manslaughter

Law360 Canada (April 15, 2024, 12:57 PM EDT) -- Appeal by Husbands from sentence of life imprisonment for manslaughter convictions. His parole eligibility was set at statutory minimum of seven years, along with concurrent fixed-term sentences on other counts. The longest one was a maximum 14-year term for the aggravated assault involving the child who was shot in the head. Using a fully loaded semi-automatic handgun, Husbands opened fire at a food court in downtown Toronto, where there were more than 700 people. The shooting resulted in the death of two men, grievous injury to a 13-year-old boy from a shot to the head, four people suffering from various other gunshot wounds, and a trampled pregnant woman. The trial judge credited 10 years for pre-sentence custody toward the fixed terms, leaving four years of the 14-year sentence left to be served. Husbands contended that the trial judge committed several errors by failing to properly apply the legal framework for considering social context evidence, applying the wrong test for determining whether his post-traumatic stress disorder (PTSD) was linked to his criminal conduct and misapplying the test for delayed parole. Husbands also argued that the trial judge failed to grant a meaningful remedy for harsh pre-trial conditions and Charter breaches and imposed a demonstrably unfit sentence. Husbands submitted that his life sentences should be set aside, and a fixed term of 15 years' imprisonment should be imposed. He added that his mental disorder should act as a mitigating factor and that his prospects for rehabilitation were good....
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