The cases cited to us include Isch v. The Queen (1981), 22 C.R. (3d) 106, in which this court upheld a sentence of 12 years imposed by Murray J., after a plea of guilty, to a reduced charge of manslaughter. In sentencing the accused Murray J. said: "I must be careful that I do not penalize you as if you had committed the greater crime of murder." In this case we must not overlook the finding of intent by the jury. We must not overlook the fact that this is a murder conviction and not a conviction for manslaughter. It is not possible to compare a sentence imposed in a murder case with one imposed in a manslaughter case. All that can be said with respect to the sentence of 12 years imposed in Isch is that it was heavy in comparison with other sentences which have been imposed in manslaughter cases in the last few years. It is to be noted that Murray J. would have imposed "an even greater penalty" in Isch except for "very impressive evidence" and very able submissions on behalf of Isch. This court held in Isch, as Bayda C.J.S. did in Wenarchuk, that the revulsion that society has for this type of crime, or the repudiation of it by society, is properly expressed by a heavy sentence.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.