R. v. Bennett (J.C.), (2016) 449 N.B.R.(2d) 87 (TD)

• Judge: Christie, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: April 08, 2016
• Jurisdiction: New Brunswick
• Citations: (2016), 449 N.B.R.(2d) 87 (TD);2016 NBQB 78

R. v. Bennett (J.C.) (2016), 449 N.B.R.(2d) 87 (TD);

    449 R.N.-B.(2e) 87; 1180 A.P.R. 87

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Temp. Cite: [2016] N.B.R.(2d) TBEd. AP.029

Renvoi temp.: [2016] N.B.R.(2d) TBEd. AP.029

Her Majesty the Queen v. Justin Christopher Bennett

(SJCR-6-2015; 2016 NBQB 78; 2016 NBBR 78)

Indexed As: R. v. Bennett (J.C.)

Répertorié: R. v. Bennett (J.C.)

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Saint John

Christie, J.

April 18, 2016.

Summary:

Résumé:

The accused was convicted of manslaughter. The matter moved to sentencing.

The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to four years' imprisonment, less credit for time served.

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused stabbed his uncle (the victim) six times during an altercation (fist fight) - The victim, a drug addict, had terrorized his family during the latter part of his life - There were altercations involving the victim and other family members - The accused was convicted of manslaughter - The accused had no substance abuse issues - No prior record - The New Brunswick Court of Queen's Bench, Trial Division, sentenced the accused to four years' imprisonment, less credit for time served - The stabbing was a disproportionate response to the threat - However the accused had intervened to assist another person because he felt the person was being assaulted - The accused sought medical help immediately - Accepted responsibility - Co-operated with police - No guilty plea, but his defence had an air of reality.

Counsel:

Avocats:

Kelly Ann Winchester, Q.C., and Rebekah J. Logan, for the Crown;

Carley J. Parish, for Justin Christopher Bennett.

This sentencing matter was heard on April 8, 2016, before Christie, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Saint John, who delivered the following decision orally on April 18, 2016.