The accused was found guilty and sentenced for manslaughter of his infant son and assaulting his daughter. His 7-year sentence for extreme violence was reduced to 52.8 months due to Gladue factors, psychological vulnerabilities, state misconduct, and strict bail.
In R v Starrett, 2022 ABKB 613, the accused was convicted of manslaughter for killing his one-year-old son and common assault on his five-year-old daughter. The violence against his son was profound, involving multiple strikes to the head, resulting in fatal skull fractures. The daughter was also struck.
The impulsive actions of the accused stemmed from severe heroin withdrawal, chronic pain, insomnia, and unaddressed anger issues, contributing to a high level of moral blameworthiness despite no planning. Aggravating factors included the victims’ vulnerability and his position of trust. Mitigating factors included his immediate attempts to help his son and stated remorse.
As an Indigenous man, the accused’s sentence was influenced by significant Gladue factors, reducing his moral blameworthiness. These included intergenerational impacts of residential schools, family substance abuse, lower education, and disconnection from his Indigenous culture, which contributed to his noted psychological vulnerabilities.
An initial seven-year jail sentence was deemed fit . This was reduced by three months for state misconduct by Edmonton Remand Centre (ERC) guards, four months for collateral consequences like administrative segregation and vigilantism, and 13.5 months for highly restrictive house arrest bail conditions. After crediting for time served, the accused’s net sentence for manslaughter was 52.8 months, with a concurrent six-month sentence for assaulting his daughter.
