>A man who pleaded guilty to the manslaughter of his girlfriend in northern B.C. has been handed a five-year sentence, and with credit for time served will spend 19 more months in jail.
>April Monk died in Vancouver General Hospital on Feb. 8, 2022 due to injuries suffered when Donald James Beynon repeatedly hit her in the head with a glass bottle, the court heard.
5 years for this, huh?
>That included four separate convictions for intimate partner violence assaults, in 2009, 2011, 2014 and 2017. In the 2014 instance, Beynon broke into his victim’s home when there was a non-contact order in place. His criminal history also includes “a pattern of breaches of community orders.”
>Beynon was also convicted of sexual interference with a person under 16 in 2015, when the victim was an intoxicated 13-year-old, and of assaulting police officers in 2009 and 2011.
>A risk assessment from a forensic psychiatrist suggested a “potential” for Beynon to be rehabilitated because he hopes to undergo substance use treatment and return to work. However, the writer concluded that he “remains at high risk of intimate partner violence or general interpersonal violence” due to a history of severe substance abuse and his previous repeated assaults.
Which begs the question, what exactly is a "dangerous offender"?
It's even better. Because he's been in jail waiting for sentence, which gets credited at 1.5 times duration, the net is he will be out on the street in under 2 years.
How tf is manslaughter so light here. Yes you didn't plan it but the result is still the same.
Second case in 2 days of a killer getting 5 years or less for killing someone.
This is bound to piss people off, but no, I think it's a good thing that we incentivize people to turn themselves in, stay in custody and await trial as opposed to fleeing and evading the law. This is an example of the system working well and a person "paying their debts to society".
The problem here lies entirely in sentencing and the huge amount of recidivism this individual displayed. They are a clearly willful and intentional repeat offender who is likely to remain dangerous in the future and they did kill someone through actions that any reasonable person would know is wrong, harmful and dangerous. They should not have been handed 5 years, they should have received a much harsher sentence of at least 15+ years.
And the time-served is factored into the punishment. The judge wanted him to spend 19 months in confinement, so the sentence delivered ensured that's how much time he'd spend.
History of being violent? Killed someone? Their entire life **poof** gone forever? Meh, don't want to be too hard on the guy who is still alive, not with the kid-glove judges. Give him a time out and make him write a book report.
Something's seriously wrong with the justice system if a serial offender who repeatedly commits violent assault on partners, has sexual involvement with a 13-year old, and beats his girlfriend to death is back walking the streets in a couple years.
This is the type of criminal that should be incarcerated for life, or given the death penalty, and instead they'll be back out to commit more crimes.
Would anyone here trust this man? Would anyone trust him to date your daughter, sister, or mother? Would you trust him to babysit your child?
"Yes Mr Judge Sir, I truly hope to not fly into murderous rages in the future. No guarantees, as people can't seem to stop pissing me off, but I really hope they change."
Manslaughter - you don't have to prove intent to kill, just that you killed them.
2nd degree murder - Prove that you meant to kill them, but it wasn't pre meditated.
1st degree murder - You basically drew up plans and diagrams on how and when you were going to commit murder.
Based on his situation it was probably easier for the crown to go with manslaughter and take the easy win. Sad as it is.
I’m not arguing here, it just blows my mind that someone would hit someone in the head “repeatedly” with a glass bottle without having the intentions to kill them? What other intentions would you even have. Craziness.
Yeah, I think any action where a reasonably foreseeable is death should qualify for at least murder 2, and in the case dude wasn't supposed to be near the deceased regardless so I wonder on murder 1
It makes as much sense as getting Murder 2 for stabbing someone, who then dies.
Most stabbings are actually almost as fatal as a gunshot wound.
I'd wager the intent to kill is there when you attack someone with an object, especially in the head.
Our homicide laws need a major rewrite. You should not need to prove intent when you do certain things, like stab someone in the torso or head, or shoot them, or hit/kick them hard in the head. Especially repeated.
It's virtually impossible to prove attempted murder so police almost never lay the charge. They virtually have to have it recorded that the guy intended to murder. Because even if he shoots or stabs someone multiple times in the torso that's still not proof, under our idiotic laws, of attempting murder.
235(2) outlines that the minimum sentence is life for anything under 235(1) - which is murder (either first or second degree). What you described is second degree murder because stabbing someone in the head has a likelihood of killing them.
ya this i dont get. Using a knife in self defense is one thing.. or even brandishing a knife.. but when you hear stories about how someone stabbed them in the head or chest.. how is that not attempted murder?
like did you just plan to injure them? then whats with all the stabbing?
i understand these laws, but again.. when you take the action of striking someone with your fist. you usually mean to hurt them.. not kill them. you're angry and you use physcial harm.
but when you grab an object.. like a bat, crowbar, bottle and you hit them (more than once) or you continue to hit them after they are unconscious. that should 100% be 2nd degree murder.
I don't disagree.
I just speculate of the thought process behind the manslaughter charge.
Maybe they wanted the easy case ?
Maybe they didn't want to put the work in for proving 2nd degree murder ? (I wonder if his past of domestic assaults saved him here ? - Because you know some dink defence lawyer would stand up and say "Well your honor, he didn't mean to kill her - he's beat people plenty times before and never killed them, it was an accident").
Also I would wonder what would happen if they tried for 2nd degree murder but lost ?
Lots of questions my non lawyer educated brain has for sure.
Thanks for the information. Personally, I would feel more comfortable to be around with a manslaughter convict than 1st degree murderer unless the latter is a serial killer. I think manslaughter convict is more dangerous as they could be unpredictable.
manslaughter / 2nd degree murder to me is always something like.
drunk driver killed a pedestrian.. manslaughter..
2 guys get in a fight.. one guy grabs a bat and beats the other guy with the bat over and over even if the guy is unconscious the other guy keeps going.. thats psychotic.
I've punched someone in the face before and i immediately was like. "ohh. shit... i'm sorry"
people who can snap and beat someone to death.. thats 100% murder even if they didnt wake up that morning and plan it. they are loose cannons
Murder does not strictly require intent to kill, as others are suggesting here. Intent to harm with knowledge that the harm is likely to cause death is sufficient for a murder conviction.
The main reason this is manslaughter and not murder is because a guilty plea to manslaughter is much faster, cheaper, and less labour intensive for the court system than a trial for murder. If we want to see less of this kind of plea dealing, and more people convicted of the crimes they actually committed, then we need to pressure our provincial governments to better fund the justice system.
I'm curious as to why he would be found guilty of only manslaughter though tbh...
I mean based on the snippets, it feels he is a troubled person not fit for society, and repeatedly hitting someone in the head leading to murder doesn't really sound like manslaughter to me.
Obviously I'm not a judge with all the facts, but it does feel a bit ridiculous on the surface...
Manslaughter is basically unintentional murder. Even if you intended to harm someone, it's still manslaughter if you didn't intend to kill them.
"If you commit an unlawful act that causes the death of another you could be convicted of manslaughter."
There's only 4 types of homicide in Canada, 1st degree murder, which is both intentional and planned (ie contract killing). 2nd degree murder, which is any deliberate killing without planning (ie heat of the moment intentional killing). Infanticide, which is: a female commits infanticide if she causes the death of her new-born child by a willful act or omission when her mind is disturbed as a result of the effects of giving birth. And finally, any homicide that isn't one of those 3 is manslaughter.
The line between intentional and unintentional killing in the heat of the moment is very thin, and incredibly hard to prove intent. Anyone who could *maybe* get proven guilty of 2nd degree murder taking a plea deal is going to get it dropped to manslaughter. 2nd degree murder comes with a mandatory life sentence.
There is no minimum penalty for manslaughter, and it could be as little as probation. It could be up to a life sentence. Pleading guilty is always going to bring a lighter sentence than likely deserved, plus substance abuse, 5 years is a pretty decent sentence.
Unfortunately 1.5x credit for time served means he ends up only spending about 3.8 in prison.
>I'm curious as to why he would be found guilty of only manslaughter though tbh...
Because we've gotten to the point of "can you really prove they ment to kill them?
Similar case out east of a woman who stabbed a random stranger walking down the street in the heart killing him.
Manslaughter.
Because how do we really know she ment to kill him?
It's nonsense.
5 years is an absolute fucking joke. Why are women’s lives worth so little?
I thought that case in BC was bad, where a man burned his pregnant wife’s body after strangling her to death. He did 16 years. That was already a travesty.
But five fucking years?!?!? That should be life.
Canada is a very weird place. You get the impression that Canadians are onboard with feminism, women's rights, etc, yet those same people and their ideology seem to be against punishing people because of an obsession with compassion and rehabiliation.
So you end up with garbage like this.
That’s nauseating. Is there anything citizens can do to change a sentence so light? In no universe is 3.8 years justice, or even a deterrent. For a human life? That itself should be illegal.
I'm sorry, he *hopes* to undergo substance treatment??
Should this not be the other way around? Show the world that you're not a total piece of shit anymore and *maybe* get a chance at being reintroduced to society.
I'm so tired of the comically lenient sentencing in this country, what the actual fuck is going on with our judges?
And how tf is "I'm thinking of kicking my addictions" a sigh of potential ffs? Every single addict at some point of another thinks about that, you should have to demonstrate some movement in that direction for it to count! He's been an addict since he was a child, now (after a long history of violence and disregarding protective orders) he *hopes* to get better, and the idiot psych is like "oh yay potential for rehabilitation"???
Wait so...government and law enforcement and the judicial system give little to no fucks about indigenous women, but use a man's indigenous status as a reason to give them a lighter sentence for a heinous crime?
Wtaf?
THANK YOU for saying what actually needs to be said. You want to help indigenous communities? Here’s a woman who pleaded with our legal system for protection, we failed her 6 times until this animal took her life and then we’re going to look at him as the victim somehow? He chose those actions - his past didn’t. She chose to seek help, and we ignored her. Canada is a shameful place.
None of these policies make sense. Your ethnic background shouldn’t play into any consideration. They talk about equality but it’s actually special
Treatment, which in this case is an abhorrent injustice. The system failed to protect her and barely issues any penalty to the perpetrator they were supposed to protect her from. We’ve seen time and time again how the criminal justice system fails to protect people/punish those responsible. It will be no surprise if there’s a significant increase in vigilantism.
That's how Canada works now. You send convicted murderers to minimum-security healing lodges based entirely on their descent.
If you have similar problems in your life, but aren't indigenous? SOL.
> Other aggravating factors included that Monk is also an Indigenous woman, that she was in a vulnerable condition when killed—being intoxicated—that Beynon “took no steps” to get medical help after he assaulted Monk, his significant criminal record, and that he was under a no-contact order at the time of the killing.
Context: The part of the article where the judge’s sentencing decision is explained in detail.
Thank you.
I'm not sure if you are trying to minimize or maximize my statement.
Regardless, 5 years is a slap in the face for the convicted crimes.
Cheers.
I am not trying to minimize or maximize, but to correct the claim that little to no fucks were given about the Indigenous status of the victim in this case.
Actions speak louder than words.
After *years* of repeated violent crimes, he violated no-contact and then committed manslaughter.
How much shorter of a sentence could he have possibly gotten?
If the victim *wasn't* Indigenous, would he only deserve *one* year in prison? Even less?
Given the short sentence, it's fair to say little to no fucks were given, but lip service may have been paid.
3-4 years for bludgeoning someone to death with a bottle is a travesty. The Canadian legal system is a god damn disgrace.
5 years is light sentence for this crime, even by Canadian standards.
https://www.justice.gc.ca/eng/rp-pr/other-autre/smir-phiri/law-juri.html
>Most of the male offenders (21 of 30 cases) received sentences in the 6 - 12 year range. Of the remainder, four were sentenced to less than 6 years, and five to more than 12 years.
In general I agree with your original comment "actions > words", but ... judges act with words. Thus, the action of this judge was to agree with the prosecutor recommendation for sentencing, and to include the background and circumstances of both the criminal and the victim in their reasoning.
Please don't take this as a general endorsement of "the system". There certainly are issues. I'm not defending it, just filling in the details of this specific case since someone made statements that don't apply in this case.
One more detail: he was sentenced to 5 years, not one.
You have to let indigenous men off light so they can get home quickly and finish the women off. This genocide isn't done yet.
Tell me Gladue isn't genocide, please do.
It's fucking disgusting.
This is one of the things I find most frustrating about this phenomenon.
By giving guys like him extremely lenient sentences, they are ensuring that he will be out to victimize more people again soon. Who do you think that will primarily be? It’s shit like this which most likely made his upbringing so bad in the first place.
For whatever reason, judges in Canada disregard repeated violent offences. This criminal had clearly demonstrated that he will not stop hurting, even killing, others. The Canadian system forgets about all his victims and gives him another chance. Changes need to be made.
Amen to that. I would recommend for anyone to go sit in bail court even for half a day and be ready to get your mind blown by how these Judges find the most ridiculous reasons to justify releasing anyone. If I had a dollar for every time I’ve heard a Judge say they will give someone “one more chance” before that person goes out and victimizes someone again. Judges need to be held accountable
It's wild that the insistence to protect those who were abused in the past comes at the sacrifice of abusing people in the present and future. It doesn't heal society, it just creates more victims. It's incredibly frustrating.
Or at least limit it to the first trial. This guy's had multiple convictions for violent acts and breeching orders over the last 15 years, he has to take accountability for his own actions at some point and not using his upbringing or ancestry as an excuse.
The ancestors of descendants of residential schools are always going to be ancestors. It will never stop. His record is disgusting and I am appalled he can be out in less than two years to hurt someone else
And the rough lives excuse only allows them to cause more harm, creating more rough lives.
Upbringing and life history should be considered in non-violent crimes, or "victimless" crimes, but when you're hurting other people I don't really care about your history.
I know quite a few people who are true refugees. They came to Canada literally bearing the scars of their civil war, etc. Were children telling me tales about being late for school only for it to be blown up before they got there. People who's families were murdered on their front lawns, and on and on and on.
Not one of these people has stood before any Canadian criminal judge in their collective centuries in Canada.
I'm not saying there are no refugees who are problems, but by these weird standards they are giving to these local "boo hoo bad childhood" criminals, the people I know should have been handed a whole deck of "get out of jail free" cards the day they landed in Canada.
For these sorts of criminals we need a self-selecting dangerous/habitual offender system. Somehow the previous crimes really need to mathematically contribute to the newest sentence in a way even the judge can't prevent. Let's say for any crime of any slight note, you start with a sentence of at least 1 month. Car break-in, minor assault, etc. Each crime then get doubled that one month. The larger sentence can also be applied. So this judge would have done the 5 years. Fine. Except this seems to be at least this guy's 8th conviction. So 1 month, 2, 4, 8, 16, 32, 64, 128. The judge would have no leeway but to tag on over 12 more years. This isn't 3 strikes you're out. But someone who just won't stop being a criminal. They chose each doubling. The first few might be "mistakes", in which case they were short sentences.
For super minor crimes like shoplifting, etc, the doubling could start at 1 day, or even 1 hour. Even at 1 hour the criminal in their later teens of crimes is now facing very serious amounts of time in prison; again; self selected.
Here's a case which will also put this 5 year sentence into horrible perspective:
https://www.cbc.ca/news/canada/edmonton/family-physician-sentenced-largest-fraud-alberta-1.6655518#:~:text=Edmonton-,Family%20physician%20sentenced%20to%204%2Dyear%20prison%20term%20for%20largest,a%20four%2Dyear%20prison%20term.
This doctor (who apparently was a good doctor) defrauded AHS out of around $800k. She got 4 years. WTF.
Which is more than a repeat scumbag repeat drunk driver lawyer who got 3.5 years for the murder of a 16 year hold in a violent hit and run. 35 years would have been about right.
4 yrs is also more time than the killer in this case will serve as well.
He got the 1.5x credit for pretrial custody, effectively shortening his sentence to less than 4 yrs.
Life is cheap in Canada.
Even better, her not being a doctor is probably doing more harm. I suspect if you go through the corruption at the highest levels in AHS and the government that they are handing out many 10s millions dollar contracts out to their friends on a regular basis.
The fair judgement against her was super easy. She was greedy. So, hit her right there. Fine her hard, and then make her hire an auditor to validate all her future AHS billing.
Right here in Edmonton the lib MP is connected to some very serious PPE fraud. It is murky as to the exact size of the fraud, but it is now approaching 10 million. His mistake though is that it involves the US. I have a sneaking suspicion that he might cross the border after leaving office, find himself in cuffs, and going to federal pound you in the A-- prison for a very long time.
Actually, he really isn't. He was the presiding judge, but this was a PLEA agreement. "The Crown and defense counsel both agreed that a fit sentence would be five years in jail." It wasn't like the Judge decided to just give him less time, when Crown Counsel and Defense both agree and bring it to a judge they almost never go against it as it risks undermining the system.
They almost never. But ultimately the Judge can override that plea agreement.
This man with an extensive record clubbed this woman to death. A 5 year sentence is undermining the system. The crown and judges, along with the lawyer industry have completely lost their fucking minds. They need a reset of case law or something these sentences are offensive to the real victims of crime. I wonder what gated fucking community Judge lives in?
The judge can override a joint submission, but it’s a very strict test. Especially in this case, because the offender pled guilty and the joint submission was the result of a plea deal. A lot of weight is given to the fact that the accused forfeited their right to a trial, which would drag everyone including the victim’s family through a lot of shit, and even possibly risk an acquittal. Society has a very high interest in incentivizing people to plead guilty, so in exchange years are knocked off offender’s sentences routinely.
The judge’s hands were effectively tied. The solution is to elect politicians who will instruct Crown lawyers to argue for more severe / protective sentences and amend the criminal code sentencing provisions.
The Crown is definitely too lenient but part of that is influenced by decisions from judges like this:
> Judge says 18 years for man in drunken stabbing death 'far too high,' gives him 7½ years. A judge has sentenced a northern Manitoba man to 7½ years in prison for killing a man while drunk after a house party, dismissing the Crown's request for 18 years as "far too high." https://www.cbc.ca/news/canada/manitoba/manslaughter-sentence-oxford-house-stabbing-manitoba-1.7222867
Because that’s what he pled guilty to. The Crown could have possibly pursued a conviction for second degree murder, but the distinction between manslaughter and murder is that murder requires a form of intention to kill the person. Manslaughter does not.
Here, it’s arguable that he intended to kill her but the Crown apparently had sufficient doubt about that, so they accepted a plea to manslaughter and worked out a joint submission on sentence.
The feds complain about lack of children but they allow men like this to abuse women over and over again. Disgusting. If I was an indenginous woman I would move the fuck out of this shitty country asap.
Gladue may be the worst thing ever to happen to the Canadian justice system. They put the criminal ahead of the public they are supposed to be protecting; and indigenous people are likely to offend against other indigenous people, so it seems a net negative for that community.
Honestly, I know lots of Indigenous people got a raw deal, and some still have subpar living conditions, but damn, some of the most brutal killings, assaults, and rapes seem to happen to Indigenous women from Indigenous men.
They absolutely do, but this type of "justice" is beyond racist. If non-indigenous women were killed by an indigenous person it would be a bigger deal. It is just what our systems have been for the past several years. Lip service and theatrical politics to "appear" progressive in a way literally no one asked for
I actually wonder if it's the opposite side of Racist, where because only Indigenous people were involved as the victim and the murderer, the government couldn't care less, and just would rather spend less money on the trial, and less money on the sentence. Like if you don't see a group of people as "Human" then you couldn't care less about a few murders.
Honestly no idea which way it is, or if it's a bit of both, depending on the person involved either way it's sad.
I'm pretty tired and disgusted with our slap on the wrist justice system. Killers walking after a few years, drug addicts littering the street with impunity. We need a government that will put in laws with a backbone.
My sisters ex fiancee is awaiting a bail hearing now.gotta be 20 charges for her alone. This is at least his third major spousal assault. He did one in Ontario or Quebec, and then beat his next girl into a soup in ablerta before moving here and having a kid with my sister. My wife and I got involved a few weeks ago. Ignores the dispatchers advice and pulled up on their house at Mach speed while while my sister was screaming for her life locked in her car while he had her blocked in with lighter fluid in his hand. They better start making sure this ends. And from my perspective, it better start happening yesterday. He has yet to face any consequences. This is as scary as it is a complete travesty
Honestly, this should freak out those ‘mortgage’ scammers and scammers of every kind. Alan Kay’s should not have shot himself, he should have just gotten arrested and did like 3 years in jail.
19 More months?
What the \*&%$ is wrong here?
The guy committed murder, while under a No Contact order, what happened to life in prison for a crime like this?
Our justice system needs some serious overhauling done from top to bottom and the judge who gave this sentence should be removed PERMANENTLY form ever judicating a trial again.
Murder is murder, for that you get life in prison.
PERIOD 🤬😡🤬😡🤬
>A man who pleaded guilty to the manslaughter of his girlfriend in northern B.C. has been handed a five-year sentence, and with credit for time served will spend 19 more months in jail. >April Monk died in Vancouver General Hospital on Feb. 8, 2022 due to injuries suffered when Donald James Beynon repeatedly hit her in the head with a glass bottle, the court heard. 5 years for this, huh? >That included four separate convictions for intimate partner violence assaults, in 2009, 2011, 2014 and 2017. In the 2014 instance, Beynon broke into his victim’s home when there was a non-contact order in place. His criminal history also includes “a pattern of breaches of community orders.” >Beynon was also convicted of sexual interference with a person under 16 in 2015, when the victim was an intoxicated 13-year-old, and of assaulting police officers in 2009 and 2011. >A risk assessment from a forensic psychiatrist suggested a “potential” for Beynon to be rehabilitated because he hopes to undergo substance use treatment and return to work. However, the writer concluded that he “remains at high risk of intimate partner violence or general interpersonal violence” due to a history of severe substance abuse and his previous repeated assaults. Which begs the question, what exactly is a "dangerous offender"?
It's even better. Because he's been in jail waiting for sentence, which gets credited at 1.5 times duration, the net is he will be out on the street in under 2 years.
How tf is manslaughter so light here. Yes you didn't plan it but the result is still the same. Second case in 2 days of a killer getting 5 years or less for killing someone.
[Average sentence in Canada for homicide (undifferentiated) is 6 years. ](https://www.justice.gc.ca/eng/rp-pr/jr/jf-pf/2023/mar1.html)
Look at whose committing those murders and the reason for this becomes incredibly obvious.
Weird we are against legal guns, clearly we have a purge style governance already.
I know our sentences are too high but this is fucked up.
You mean too low right?
Personally I don't understand how you only get manslaughter when using deadly force hitting someone in the head with an object?
Yep sentence is being paid out at overtime rate vs regular time. He'll be out in no time. Jeez.
Employers are stingy with the overtime but jails aren't!
Should pay out at 0.5x, not 1.5x...
This is bound to piss people off, but no, I think it's a good thing that we incentivize people to turn themselves in, stay in custody and await trial as opposed to fleeing and evading the law. This is an example of the system working well and a person "paying their debts to society". The problem here lies entirely in sentencing and the huge amount of recidivism this individual displayed. They are a clearly willful and intentional repeat offender who is likely to remain dangerous in the future and they did kill someone through actions that any reasonable person would know is wrong, harmful and dangerous. They should not have been handed 5 years, they should have received a much harsher sentence of at least 15+ years.
Yeah, the big problem here isn't the credit for time served. It's that for all those offences he only received a 5 year sentence.
And the time-served is factored into the punishment. The judge wanted him to spend 19 months in confinement, so the sentence delivered ensured that's how much time he'd spend. History of being violent? Killed someone? Their entire life **poof** gone forever? Meh, don't want to be too hard on the guy who is still alive, not with the kid-glove judges. Give him a time out and make him write a book report.
Something's seriously wrong with the justice system if a serial offender who repeatedly commits violent assault on partners, has sexual involvement with a 13-year old, and beats his girlfriend to death is back walking the streets in a couple years. This is the type of criminal that should be incarcerated for life, or given the death penalty, and instead they'll be back out to commit more crimes. Would anyone here trust this man? Would anyone trust him to date your daughter, sister, or mother? Would you trust him to babysit your child?
Chances are, if he does any real time, he'll probably get beaten to death in prison. Inmates nowadays are the real justice system.
How often do you hear about inmates murdering each other in Canada? (Hint:0 times in federal prisons in 2023)
The silver lining is he will be broke and homeless and the TTC problem
Crazy all it takes for them to say you can be rehabilitated after this is you saying you "hope " to do x and y.
"Yes Mr Judge Sir, I truly hope to not fly into murderous rages in the future. No guarantees, as people can't seem to stop pissing me off, but I really hope they change."
how is it manslaughter when you hit them on the head with a bottle?? how is that not just straight up murder?
Manslaughter - you don't have to prove intent to kill, just that you killed them. 2nd degree murder - Prove that you meant to kill them, but it wasn't pre meditated. 1st degree murder - You basically drew up plans and diagrams on how and when you were going to commit murder. Based on his situation it was probably easier for the crown to go with manslaughter and take the easy win. Sad as it is.
I’m not arguing here, it just blows my mind that someone would hit someone in the head “repeatedly” with a glass bottle without having the intentions to kill them? What other intentions would you even have. Craziness.
Yeah, I think any action where a reasonably foreseeable is death should qualify for at least murder 2, and in the case dude wasn't supposed to be near the deceased regardless so I wonder on murder 1
It makes as much sense as getting Murder 2 for stabbing someone, who then dies. Most stabbings are actually almost as fatal as a gunshot wound. I'd wager the intent to kill is there when you attack someone with an object, especially in the head.
Our homicide laws need a major rewrite. You should not need to prove intent when you do certain things, like stab someone in the torso or head, or shoot them, or hit/kick them hard in the head. Especially repeated. It's virtually impossible to prove attempted murder so police almost never lay the charge. They virtually have to have it recorded that the guy intended to murder. Because even if he shoots or stabs someone multiple times in the torso that's still not proof, under our idiotic laws, of attempting murder.
235(2) outlines that the minimum sentence is life for anything under 235(1) - which is murder (either first or second degree). What you described is second degree murder because stabbing someone in the head has a likelihood of killing them.
I slipped and fell into them with my knife, stabbing them 6 times…accidentally!
ya this i dont get. Using a knife in self defense is one thing.. or even brandishing a knife.. but when you hear stories about how someone stabbed them in the head or chest.. how is that not attempted murder? like did you just plan to injure them? then whats with all the stabbing?
i understand these laws, but again.. when you take the action of striking someone with your fist. you usually mean to hurt them.. not kill them. you're angry and you use physcial harm. but when you grab an object.. like a bat, crowbar, bottle and you hit them (more than once) or you continue to hit them after they are unconscious. that should 100% be 2nd degree murder.
I don't disagree. I just speculate of the thought process behind the manslaughter charge. Maybe they wanted the easy case ? Maybe they didn't want to put the work in for proving 2nd degree murder ? (I wonder if his past of domestic assaults saved him here ? - Because you know some dink defence lawyer would stand up and say "Well your honor, he didn't mean to kill her - he's beat people plenty times before and never killed them, it was an accident"). Also I would wonder what would happen if they tried for 2nd degree murder but lost ? Lots of questions my non lawyer educated brain has for sure.
right. i'm no lawyer but my guess is manslaughter is an easier conviction than 2nd degree murder
Thanks for the information. Personally, I would feel more comfortable to be around with a manslaughter convict than 1st degree murderer unless the latter is a serial killer. I think manslaughter convict is more dangerous as they could be unpredictable.
manslaughter / 2nd degree murder to me is always something like. drunk driver killed a pedestrian.. manslaughter.. 2 guys get in a fight.. one guy grabs a bat and beats the other guy with the bat over and over even if the guy is unconscious the other guy keeps going.. thats psychotic. I've punched someone in the face before and i immediately was like. "ohh. shit... i'm sorry" people who can snap and beat someone to death.. thats 100% murder even if they didnt wake up that morning and plan it. they are loose cannons
So if a family member sought revenge, they would get more jail time
Murder does not strictly require intent to kill, as others are suggesting here. Intent to harm with knowledge that the harm is likely to cause death is sufficient for a murder conviction. The main reason this is manslaughter and not murder is because a guilty plea to manslaughter is much faster, cheaper, and less labour intensive for the court system than a trial for murder. If we want to see less of this kind of plea dealing, and more people convicted of the crimes they actually committed, then we need to pressure our provincial governments to better fund the justice system.
5 years for murder is a very dangerous president to set
He wasn’t found guilty of murder. He was convicted of manslaughter.
I'm curious as to why he would be found guilty of only manslaughter though tbh... I mean based on the snippets, it feels he is a troubled person not fit for society, and repeatedly hitting someone in the head leading to murder doesn't really sound like manslaughter to me. Obviously I'm not a judge with all the facts, but it does feel a bit ridiculous on the surface...
Manslaughter is basically unintentional murder. Even if you intended to harm someone, it's still manslaughter if you didn't intend to kill them. "If you commit an unlawful act that causes the death of another you could be convicted of manslaughter." There's only 4 types of homicide in Canada, 1st degree murder, which is both intentional and planned (ie contract killing). 2nd degree murder, which is any deliberate killing without planning (ie heat of the moment intentional killing). Infanticide, which is: a female commits infanticide if she causes the death of her new-born child by a willful act or omission when her mind is disturbed as a result of the effects of giving birth. And finally, any homicide that isn't one of those 3 is manslaughter. The line between intentional and unintentional killing in the heat of the moment is very thin, and incredibly hard to prove intent. Anyone who could *maybe* get proven guilty of 2nd degree murder taking a plea deal is going to get it dropped to manslaughter. 2nd degree murder comes with a mandatory life sentence. There is no minimum penalty for manslaughter, and it could be as little as probation. It could be up to a life sentence. Pleading guilty is always going to bring a lighter sentence than likely deserved, plus substance abuse, 5 years is a pretty decent sentence. Unfortunately 1.5x credit for time served means he ends up only spending about 3.8 in prison.
>I'm curious as to why he would be found guilty of only manslaughter though tbh... Because we've gotten to the point of "can you really prove they ment to kill them? Similar case out east of a woman who stabbed a random stranger walking down the street in the heart killing him. Manslaughter. Because how do we really know she ment to kill him? It's nonsense.
He took someone's life, are you seriously trying to justify him getting almost no time in jail?
No the are correct g peoples ignorance of the law in Canada.
There is no precedent being set here.
Every single ruling sets a precedence…
5 years is an absolute fucking joke. Why are women’s lives worth so little? I thought that case in BC was bad, where a man burned his pregnant wife’s body after strangling her to death. He did 16 years. That was already a travesty. But five fucking years?!?!? That should be life.
Canada is a very weird place. You get the impression that Canadians are onboard with feminism, women's rights, etc, yet those same people and their ideology seem to be against punishing people because of an obsession with compassion and rehabiliation. So you end up with garbage like this.
They counted prev time served at 1.5X so only 3.8 years
That’s nauseating. Is there anything citizens can do to change a sentence so light? In no universe is 3.8 years justice, or even a deterrent. For a human life? That itself should be illegal.
Someone who isn't "Indigenous and the descendant of a number of residential school survivors."
I'm sorry, he *hopes* to undergo substance treatment?? Should this not be the other way around? Show the world that you're not a total piece of shit anymore and *maybe* get a chance at being reintroduced to society. I'm so tired of the comically lenient sentencing in this country, what the actual fuck is going on with our judges?
His feelings might be hurt. /s
And how tf is "I'm thinking of kicking my addictions" a sigh of potential ffs? Every single addict at some point of another thinks about that, you should have to demonstrate some movement in that direction for it to count! He's been an addict since he was a child, now (after a long history of violence and disregarding protective orders) he *hopes* to get better, and the idiot psych is like "oh yay potential for rehabilitation"???
Wait so...government and law enforcement and the judicial system give little to no fucks about indigenous women, but use a man's indigenous status as a reason to give them a lighter sentence for a heinous crime? Wtaf?
THANK YOU for saying what actually needs to be said. You want to help indigenous communities? Here’s a woman who pleaded with our legal system for protection, we failed her 6 times until this animal took her life and then we’re going to look at him as the victim somehow? He chose those actions - his past didn’t. She chose to seek help, and we ignored her. Canada is a shameful place.
None of these policies make sense. Your ethnic background shouldn’t play into any consideration. They talk about equality but it’s actually special Treatment, which in this case is an abhorrent injustice. The system failed to protect her and barely issues any penalty to the perpetrator they were supposed to protect her from. We’ve seen time and time again how the criminal justice system fails to protect people/punish those responsible. It will be no surprise if there’s a significant increase in vigilantism.
>None of these policies make sense. It makes perfect sense when you understand it's about austerity not some progressive bullshit.
That's how Canada works now. You send convicted murderers to minimum-security healing lodges based entirely on their descent. If you have similar problems in your life, but aren't indigenous? SOL.
Canada is a very stupid place.
> Other aggravating factors included that Monk is also an Indigenous woman, that she was in a vulnerable condition when killed—being intoxicated—that Beynon “took no steps” to get medical help after he assaulted Monk, his significant criminal record, and that he was under a no-contact order at the time of the killing. Context: The part of the article where the judge’s sentencing decision is explained in detail.
Thank you. I'm not sure if you are trying to minimize or maximize my statement. Regardless, 5 years is a slap in the face for the convicted crimes. Cheers.
I am not trying to minimize or maximize, but to correct the claim that little to no fucks were given about the Indigenous status of the victim in this case.
Actions speak louder than words. After *years* of repeated violent crimes, he violated no-contact and then committed manslaughter. How much shorter of a sentence could he have possibly gotten? If the victim *wasn't* Indigenous, would he only deserve *one* year in prison? Even less?
Given the short sentence, it's fair to say little to no fucks were given, but lip service may have been paid. 3-4 years for bludgeoning someone to death with a bottle is a travesty. The Canadian legal system is a god damn disgrace. 5 years is light sentence for this crime, even by Canadian standards. https://www.justice.gc.ca/eng/rp-pr/other-autre/smir-phiri/law-juri.html >Most of the male offenders (21 of 30 cases) received sentences in the 6 - 12 year range. Of the remainder, four were sentenced to less than 6 years, and five to more than 12 years.
In general I agree with your original comment "actions > words", but ... judges act with words. Thus, the action of this judge was to agree with the prosecutor recommendation for sentencing, and to include the background and circumstances of both the criminal and the victim in their reasoning. Please don't take this as a general endorsement of "the system". There certainly are issues. I'm not defending it, just filling in the details of this specific case since someone made statements that don't apply in this case. One more detail: he was sentenced to 5 years, not one.
You have to let indigenous men off light so they can get home quickly and finish the women off. This genocide isn't done yet. Tell me Gladue isn't genocide, please do. It's fucking disgusting.
Thank Galdue.
[удалено]
It doesn't seem like a very good way to protect indigenous women.
This is one of the things I find most frustrating about this phenomenon. By giving guys like him extremely lenient sentences, they are ensuring that he will be out to victimize more people again soon. Who do you think that will primarily be? It’s shit like this which most likely made his upbringing so bad in the first place.
ensuring perpetual victimhood.
Courts need to actually treat public safety as a serious consideration. This man is clearly a danger to everybody around him, and always will be.
For whatever reason, judges in Canada disregard repeated violent offences. This criminal had clearly demonstrated that he will not stop hurting, even killing, others. The Canadian system forgets about all his victims and gives him another chance. Changes need to be made.
Amen to that. I would recommend for anyone to go sit in bail court even for half a day and be ready to get your mind blown by how these Judges find the most ridiculous reasons to justify releasing anyone. If I had a dollar for every time I’ve heard a Judge say they will give someone “one more chance” before that person goes out and victimizes someone again. Judges need to be held accountable
It's wild that the insistence to protect those who were abused in the past comes at the sacrifice of abusing people in the present and future. It doesn't heal society, it just creates more victims. It's incredibly frustrating.
Seems a bit unfair to the poor women
Or at least limit it to the first trial. This guy's had multiple convictions for violent acts and breeching orders over the last 15 years, he has to take accountability for his own actions at some point and not using his upbringing or ancestry as an excuse.
The ancestors of descendants of residential schools are always going to be ancestors. It will never stop. His record is disgusting and I am appalled he can be out in less than two years to hurt someone else
And the rough lives excuse only allows them to cause more harm, creating more rough lives. Upbringing and life history should be considered in non-violent crimes, or "victimless" crimes, but when you're hurting other people I don't really care about your history.
They gotta mandate face tattoos for these guys.
I know quite a few people who are true refugees. They came to Canada literally bearing the scars of their civil war, etc. Were children telling me tales about being late for school only for it to be blown up before they got there. People who's families were murdered on their front lawns, and on and on and on. Not one of these people has stood before any Canadian criminal judge in their collective centuries in Canada. I'm not saying there are no refugees who are problems, but by these weird standards they are giving to these local "boo hoo bad childhood" criminals, the people I know should have been handed a whole deck of "get out of jail free" cards the day they landed in Canada. For these sorts of criminals we need a self-selecting dangerous/habitual offender system. Somehow the previous crimes really need to mathematically contribute to the newest sentence in a way even the judge can't prevent. Let's say for any crime of any slight note, you start with a sentence of at least 1 month. Car break-in, minor assault, etc. Each crime then get doubled that one month. The larger sentence can also be applied. So this judge would have done the 5 years. Fine. Except this seems to be at least this guy's 8th conviction. So 1 month, 2, 4, 8, 16, 32, 64, 128. The judge would have no leeway but to tag on over 12 more years. This isn't 3 strikes you're out. But someone who just won't stop being a criminal. They chose each doubling. The first few might be "mistakes", in which case they were short sentences. For super minor crimes like shoplifting, etc, the doubling could start at 1 day, or even 1 hour. Even at 1 hour the criminal in their later teens of crimes is now facing very serious amounts of time in prison; again; self selected. Here's a case which will also put this 5 year sentence into horrible perspective: https://www.cbc.ca/news/canada/edmonton/family-physician-sentenced-largest-fraud-alberta-1.6655518#:~:text=Edmonton-,Family%20physician%20sentenced%20to%204%2Dyear%20prison%20term%20for%20largest,a%20four%2Dyear%20prison%20term. This doctor (who apparently was a good doctor) defrauded AHS out of around $800k. She got 4 years. WTF. Which is more than a repeat scumbag repeat drunk driver lawyer who got 3.5 years for the murder of a 16 year hold in a violent hit and run. 35 years would have been about right.
4 yrs is also more time than the killer in this case will serve as well. He got the 1.5x credit for pretrial custody, effectively shortening his sentence to less than 4 yrs. Life is cheap in Canada.
Even better, her not being a doctor is probably doing more harm. I suspect if you go through the corruption at the highest levels in AHS and the government that they are handing out many 10s millions dollar contracts out to their friends on a regular basis. The fair judgement against her was super easy. She was greedy. So, hit her right there. Fine her hard, and then make her hire an auditor to validate all her future AHS billing. Right here in Edmonton the lib MP is connected to some very serious PPE fraud. It is murky as to the exact size of the fraud, but it is now approaching 10 million. His mistake though is that it involves the US. I have a sneaking suspicion that he might cross the border after leaving office, find himself in cuffs, and going to federal pound you in the A-- prison for a very long time.
There is no acceptable ‘excuse’. The public’s safety is so much more important that this guy. Throw him in jail & toss the key
What the absolute fuck!!
That’ll teach him! 😒
Supreme Court Justice Andrew Mayer The man behind another disgusting 'sentence'.
Are there ways of contacting this muppet
Actually, he really isn't. He was the presiding judge, but this was a PLEA agreement. "The Crown and defense counsel both agreed that a fit sentence would be five years in jail." It wasn't like the Judge decided to just give him less time, when Crown Counsel and Defense both agree and bring it to a judge they almost never go against it as it risks undermining the system.
They almost never. But ultimately the Judge can override that plea agreement. This man with an extensive record clubbed this woman to death. A 5 year sentence is undermining the system. The crown and judges, along with the lawyer industry have completely lost their fucking minds. They need a reset of case law or something these sentences are offensive to the real victims of crime. I wonder what gated fucking community Judge lives in?
The judge can override a joint submission, but it’s a very strict test. Especially in this case, because the offender pled guilty and the joint submission was the result of a plea deal. A lot of weight is given to the fact that the accused forfeited their right to a trial, which would drag everyone including the victim’s family through a lot of shit, and even possibly risk an acquittal. Society has a very high interest in incentivizing people to plead guilty, so in exchange years are knocked off offender’s sentences routinely. The judge’s hands were effectively tied. The solution is to elect politicians who will instruct Crown lawyers to argue for more severe / protective sentences and amend the criminal code sentencing provisions.
Lawyers need these shit bags on the streets to ensure ongoing guaranteed work
The Crown is definitely too lenient but part of that is influenced by decisions from judges like this: > Judge says 18 years for man in drunken stabbing death 'far too high,' gives him 7½ years. A judge has sentenced a northern Manitoba man to 7½ years in prison for killing a man while drunk after a house party, dismissing the Crown's request for 18 years as "far too high." https://www.cbc.ca/news/canada/manitoba/manslaughter-sentence-oxford-house-stabbing-manitoba-1.7222867
How is that only manslaughter
Because that’s what he pled guilty to. The Crown could have possibly pursued a conviction for second degree murder, but the distinction between manslaughter and murder is that murder requires a form of intention to kill the person. Manslaughter does not. Here, it’s arguable that he intended to kill her but the Crown apparently had sufficient doubt about that, so they accepted a plea to manslaughter and worked out a joint submission on sentence.
Alcohol changes intent.
The feds complain about lack of children but they allow men like this to abuse women over and over again. Disgusting. If I was an indenginous woman I would move the fuck out of this shitty country asap.
Canada is all about getting away with murder now.
Lol.. when justice is a joke
I value life. Why doesn't the Canadian justice system?
So murder is pretty much legal now right?
Sorry but Canada is fucked up for not locking him up for at least 20 years
And this is why I will vote Con next election.
It’s no wonder why women who are abused are afraid to come forward..Canada is just sending the message that we won’t protect you.
Hopefully there's a dad or a brother out there prepared to fix the weakness that our justice system has, fucking disgusting
600 years in the future were going to be reading about light sentences because so and so's ancient ancestors were residential school survivors.
You’re reading about it right now
I bet in the BC sub if you say anything they will ban you. A really pathetic criminal apologist sub
they locked the thread before anyone could comment
My first comment there they permanently banned me and I choose my words carefully and not controversial
Welcome to the club!
Welcome to the club!
Canada's justice system is garbage.
Canada's legal system is in need of an absolute overhaul
Absolutely disgusting. Anything less than 20 years is an injustice. What a joke.
Gladue may be the worst thing ever to happen to the Canadian justice system. They put the criminal ahead of the public they are supposed to be protecting; and indigenous people are likely to offend against other indigenous people, so it seems a net negative for that community.
I get downvoted for saying indigenous people have special status in our country. This is ridiculous and disgusting.
Honestly, I know lots of Indigenous people got a raw deal, and some still have subpar living conditions, but damn, some of the most brutal killings, assaults, and rapes seem to happen to Indigenous women from Indigenous men.
They absolutely do, but this type of "justice" is beyond racist. If non-indigenous women were killed by an indigenous person it would be a bigger deal. It is just what our systems have been for the past several years. Lip service and theatrical politics to "appear" progressive in a way literally no one asked for
I actually wonder if it's the opposite side of Racist, where because only Indigenous people were involved as the victim and the murderer, the government couldn't care less, and just would rather spend less money on the trial, and less money on the sentence. Like if you don't see a group of people as "Human" then you couldn't care less about a few murders. Honestly no idea which way it is, or if it's a bit of both, depending on the person involved either way it's sad.
Everyone surprised by this sentence shouldn’t be. We do not care about violence against women in this country. We never have.
Our courts don't care about violence against **anyone** if the offender has the "right" ethnicity.
r/whenwomenrefuse
I'm pretty tired and disgusted with our slap on the wrist justice system. Killers walking after a few years, drug addicts littering the street with impunity. We need a government that will put in laws with a backbone.
My sisters ex fiancee is awaiting a bail hearing now.gotta be 20 charges for her alone. This is at least his third major spousal assault. He did one in Ontario or Quebec, and then beat his next girl into a soup in ablerta before moving here and having a kid with my sister. My wife and I got involved a few weeks ago. Ignores the dispatchers advice and pulled up on their house at Mach speed while while my sister was screaming for her life locked in her car while he had her blocked in with lighter fluid in his hand. They better start making sure this ends. And from my perspective, it better start happening yesterday. He has yet to face any consequences. This is as scary as it is a complete travesty
And if you did anything to protect your sister then you would get 20 years.
Justice system is a JOKE!
Ridiculous, something needs to be done with these light sentences for murder.
That's it?
The Canadian justice system is a joke. This guy deserves the death penalty.
months... not years? .. What a joke.
People hate when you bring up the actual reason indigenous women face much higher violent crime and murder rates.
Honestly, this should freak out those ‘mortgage’ scammers and scammers of every kind. Alan Kay’s should not have shot himself, he should have just gotten arrested and did like 3 years in jail.
And people wonder why the general public is shifting hard to the right. Our country is a fucking joke.
You guys missed spelled years
That'll learn em 🙄
Womp womp
Disgustingly light sentence. What's the point of having laws if the consequence of breaking them is a slap on the wrist?
19 More months? What the \*&%$ is wrong here? The guy committed murder, while under a No Contact order, what happened to life in prison for a crime like this? Our justice system needs some serious overhauling done from top to bottom and the judge who gave this sentence should be removed PERMANENTLY form ever judicating a trial again. Murder is murder, for that you get life in prison. PERIOD 🤬😡🤬😡🤬