Cruel and Unusual Punishment

1. Cruel and Unusual Punishment R. V. Ferguson By: Lauren Carter

2. Overview of Case After an arrest, the detainee, Darren Varley, was being held in a cell at an RCMP detachment, where an altercation between Varley and an RCMP officer, Michael Ferguson, occurred. During the altercation, Ferguson shot Varley twice, resulting in the death of Varley.

3. Ferguson was then accused of second degree murder against Varley. The charges were soon dropped to manslaughter with a firearm, and Ferguson was sentenced to only 2 years in prison instead of the mandatory minimum of 4 years for such a charge.

4. Ferguson’s Appeal Ferguson decided to appeal his already shortened punishment as he believed serving 4 years was cruel and unusual punishment for the crime of manslaughter with a firearm. In his defense to appeal, Ferguson argued that the 2 gun shots he fired at Varley were self defense and he wasn’t intending to kill Varley.

5. Court’s Decision The court of appeal decided to overturn the original sentence of 2 years and impose the mandatory 4 years sentence instead for Ferguson. The court was not provided with enough evidence to prove the claim of “self defense” and it was stated that Ferguson knew he would likely kill Varley with 2 gun shots.

6. Conclusion In conclusion, the sentencing was not a form of cruel and unusual punishment. The law regarding manslaughter is appropriate as it does not violate anything from the Charter of Rights and Freedoms

7. The End