Digest: R v Kurek, 2018 SKQB 168

• Date: June 18, 2018

Reported as: 2018 SKQB 168

Docket Number: CRM 5/17 JCR , QB17561

Court: Court of Queen's Bench

Date: 2018-06-18

Judges:

• Dawson

Subjects:

• Criminal Law � Manslaughter � Sentencing
• Aboriginal Offender � Sentencing

Digest: The accused pled guilty to committing the offence of manslaughter contrary to s. 236(b) of the Criminal Code. She had gone to the Muskowekwan First Nation in an attempt to withdraw from her alcohol and drug addictions. After experiencing extreme withdrawal, she became paranoid. She started drinking again and on the night in question was very intoxicated. She and others were drinking in the home of the victim and without provocation, the accused took a kitchen knife and stabbed him in the back. The victim died of the wound. The accused tried to leave the house but the others kept her there. The RCMP described her condition as grossly intoxicated and because of her behaviour at the scene, thought that she might be schizophrenic. The accused had little memory of the circumstances and was unable to explain why she committed the offence. Of First Nations heritage, the 29-year-old accused had been raised in a stable, supportive family. She graduated from high school. She began dating a man in her late teens with whom she was involved for the next seven years. During the course of the relationship she suffered physical, emotional and sexual abuse from him. With her partner, she began to abuse drugs and developed a severe narcotic addiction. In order to feed her habit, she worked the streets to pay for drugs. Her addictions caused her to lose custody of her three children who were placed with her mother. The accused�s subsequent relationship continued to involve severe alcohol and drug addiction. A psychiatric assessment of the accused indicated that she suffered from post-traumatic stress disorder and anxiety due to the abuse she suffered and the loss of her children. She was diagnosed as having alcohol use, marijuana use, stimulant use and opiate use disorders as well. When she committed the offence, the accused was suffering paranoia and hallucinations caused by withdrawal. The accused was recovering from her disorders since she had been in custody and she had conducted herself appropriately on remand. She had no criminal record and her family remained very supportive. The Crown argued for a custodial sentence of seven years less credit at the rate of 1:1.5. It considered the mitigating factors...