B.C. Supreme Court has dismissed the appeal of a South Surrey senior convicted of manslaughter in a 2019 South Surrey shooting.

George Murray Bragg, 77, had been appealing the seven-year sentence he received in July of last year for the death of a former roommate, Richard Wayne Duncan, 46.

In summarizing the appeal in his written judgement 香蕉视频直播� handed down on Feb. 10 香蕉视频直播� Justice Leonard Marchand said that Bragg had argued that a sentence of four to six years would be 香蕉视频直播渃onsistent with his moral culpability and sentences imposed in similar circumstances.香蕉视频直播�

Bragg had said that, following last year香蕉视频直播檚 jury trial, Justice Murray Blok had erred in 香蕉视频直播渙veremphasizing denunciation, general deterrence and retribution香蕉视频直播� without giving sufficient weight to Bragg香蕉视频直播檚 expression of remorse.

But Marchand香蕉视频直播檚 decision 香蕉视频直播� in which appeal court justices Karen Horsman and Gail Dickson concurred 香蕉视频直播� was that Blok had correctly determined an appropriate sentence.

香蕉视频直播淗e香蕉视频直播� fully appreciated the nuances of the case, thoughtfully balanced a variety of competing factors, clearly explained his views regarding the seriousness of the offence and Mr. Bragg香蕉视频直播檚 moral culpability, and imposed a proportionate and fit sentence.香蕉视频直播�

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On May 7, 2022, in his jury trial, Bragg was acquitted of first degree murder, but found guilty of manslaughter.

Police had responded to an emergency call to a house in the 1600-block of 160 Street around 12:30 a.m. on Sept. 6, 2019, and found Duncan, still alive, suffering from eight gunshot wounds from Bragg香蕉视频直播檚 legally owned .22 calibre pistol. He was taken to hospital, where he later died.

The court had heard that Bragg and his son Mark had rented the house with Duncan in February of 2019, after all three men had fallen on hard times.

In summarizing the case in his sentencing decision, Blok said both Braggs had testified that Duncan, described as 香蕉视频直播淢ark香蕉视频直播檚 acquaintance,香蕉视频直播� had 香蕉视频直播渁n unpredictable and hair-trigger temper.香蕉视频直播�

They had testified that Duncan had been 香蕉视频直播渢hreatening and abusing them frequently, even daily, and punctuating some of his outbursts by punching holes in walls or doors or doing other damage to property.香蕉视频直播�

According to both Braggs, a dispute over rent in the early evening of Sept. 5, 2019 had culminated in Duncan threatening both with extreme physical violence at midnight.

Although defense counsel had argued that Bragg香蕉视频直播檚 shooting of Duncan was nearer to self-defence than murder, Blok said he had to consider that it had been premeditated, that Bragg had prepared for it for some four hours, had concealed his gun, and had waited 30 to 40 minutes before calling for medical help.

香蕉视频直播淢r. Bragg had hours to pursue other options, which included the obvious option of calling the police and enlisting their assistance,香蕉视频直播� Blok said.

香蕉视频直播淎lthough Mr. Bragg香蕉视频直播檚 misguided belief that he had no viable options short of lethal force attenuates his moral culpability, it does not bring this matter to one of 香蕉视频直播榥ear self香蕉视频直播慸efence香蕉视频直播�.香蕉视频直播�

Blok had said he also took into account Bragg香蕉视频直播檚 advanced age, that he had led a 香蕉视频直播減ro-social香蕉视频直播� life, had no criminal record, and that he and his son had lived with 香蕉视频直播渃onstant threats香蕉视频直播� for months 香蕉视频直播� balancing this against statements from 香蕉视频直播渄istraught香蕉视频直播� members of Duncan香蕉视频直播檚 family.

alex.browne@peacearchnews.com
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