A non-custodial sentence for manslaughter based on substantial impairment may be manifestly inadequate even where the offender was suffering severe major depression and there is a strong subjective case, because the objective seriousness of unlawful homicide and the courts' responsibility to uphold the sanctity of human life require a custodial sentence. However, the Court of Criminal Appeal may decline to intervene on a Crown appeal where the Crown failed to seek a custodial sentence at first instance, the respondent has made progress in rehabilitation, and the principle of double jeopardy applies. The attitude of the victim's family is not relevant to the sentencing discretion in homicide cases.
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