Supreme Court

Decision Information

R v Hainnu

Court Supreme Court
Date 1998-06-09
File numbers CR 03414
Judge(s) Schuler
Location Clyde River
Cases and statutes considered Cases considered:
Kopalie
R. v. Smith (1987), 34 CCC (3d) 97 (SCC)
R. v. Goltz (1991), 67 CCC (3d) 481 (SCC)
Chivers, [1988] NWTR 134
Shorty, [1993] YJ NO. 101 (SC)
R. v. Morrisey, (NSCA, CAC 141429; March 23, 1998)
R. v. Wust (1998) 107 B.C.A.C. 130 (B.C.C.A.)
R. v. Arthurs (BCCA, No. 23198; May 7, 1998)
R. v. Gatz (BCCA, No. 23321; May 7, 1998)
R. v. MacDonald (1997), 43 CRR (2d) 328 (Ont. Prov. Ct.)
R. v. Gill (1991), 8 CRR (2d) 350 (Ont. Prov. Ct.)
R. v. Alain (1997), 119 CCC (3d) 177 (Que CA)
Firth (1983), 52 AR 311 (NWTSC)
Ettagiak, [1986] NWTJ No. 39 (SC)

Statutes considered:
Criminal Code, RSC 1985, c. C-46, s. 235(1)
Criminal Code, RSC 1985, c. C-46, s. 236
Criminal Code, RSC 1985, c. C-46, s. 719(3)
Criminal Code, RSC 1985, c. C-46, s. 721(1)
Decision information:

Summary: Accused was found guilty of manslaughter by a jury - New Year's Eve party at the complainants - Accused was at his home across the street and went over to complain about loud music - Fired a shot through an open window in the complainants home - Killed the complainant - History of alcohol abuse - firearms prohibition in place at the time of the shooting - 17 months of pre-trial custody. Counsel for the Accused argued that the minimum sentence imposed by the Criminal Code for Manslaughter with the use of a firearm amounted to cruel and unusual punishment and was therefore unconstitutional. Court used the test established by the Supreme Court of Canada for determining whether a minimum sentence amounts to cruel and unusual punishment: whether the effect of the punishment is grossly disproportionate to what would have been appropriate, that is whether it is so excessive as to outrage standards of decency - Court held in these circumstances the minimum sentence was neither cruel nor unusual - Court did not consider the argument for a constitutional exemption.
Decision: Sentence determined - 5 years imprisonment ; 10 year firearms prohibition
Subjects: Criminal law - Murder and related offences - Elements of murder generally

Decision Content

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