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 乌鸦传媒� handed down on Feb. 10 乌鸦传媒� Justice Leonard Marchand said that Bragg had argued that a sentence of four to six years would be 乌鸦传媒渃onsistent with his moral culpability and sentences imposed in similar circumstances.乌鸦传媒�

Bragg had said that, following last year乌鸦传媒檚 jury trial, Justice Murray Blok had erred in 乌鸦传媒渙veremphasizing denunciation, general deterrence and retribution乌鸦传媒� without giving sufficient weight to Bragg乌鸦传媒檚 expression of remorse.

But Marchand乌鸦传媒檚 decision 乌鸦传媒� in which appeal court justices Karen Horsman and Gail Dickson concurred 乌鸦传媒� was that Blok had correctly determined an appropriate sentence.

乌鸦传媒淗e乌鸦传媒� 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乌鸦传媒檚 moral culpability, and imposed a proportionate and fit sentence.乌鸦传媒�

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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乌鸦传媒檚 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 乌鸦传媒淢ark乌鸦传媒檚 acquaintance,乌鸦传媒� had 乌鸦传媒渁n unpredictable and hair-trigger temper.乌鸦传媒�

They had testified that Duncan had been 乌鸦传媒渢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.乌鸦传媒�

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乌鸦传媒檚 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.

乌鸦传媒淢r. Bragg had hours to pursue other options, which included the obvious option of calling the police and enlisting their assistance,乌鸦传媒� Blok said.

乌鸦传媒淎lthough Mr. Bragg乌鸦传媒檚 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 乌鸦传媒榥ear self乌鸦传媒慸efence乌鸦传媒�.乌鸦传媒�

Blok had said he also took into account Bragg乌鸦传媒檚 advanced age, that he had led a 乌鸦传媒減ro-social乌鸦传媒� life, had no criminal record, and that he and his son had lived with 乌鸦传媒渃onstant threats乌鸦传媒� for months 乌鸦传媒� balancing this against statements from 乌鸦传媒渄istraught乌鸦传媒� members of Duncan乌鸦传媒檚 family.

alex.browne@peacearchnews.com
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