R. v. Holden (R.R.) 2012 BCCA 317
Criminal Law - Punishments (sentence) - Particular offences - Manslaughter
Holden was charged with first degree murder of a rival in the drug trade. A jury convicted him of manslaughter. He was detained for four years in pre-trial custody, spent almost entirely in protective custody. On entering the general population at his request, he was severely beaten by other prisoners. Holden was 31 years old and single at the time of sentencing.
The British Columbia Supreme Court concluded that a sentence of 10 years was a fit sentence, but reduced the sentence to two years after giving eight years’ credit for the four years spent in pre-trial custody. The court also imposed a two-year probation order and ancillary orders. Holden appealed the sentence of two years and submitted that an appropriate sentence was time served with probation.
The British Columbia Court of Appeal granted leave but dismissed the appeal.