R. v. Franz

R. v. Franz

Judge found death proved beyond reasonable doubt on circumstantial evidence, accepted the undercover confession as reliable after assessing credibility and absence of credible coercion, rejected alibi evidence, but found reasonable doubt whether killing was planned or occurred while committing forcible confinement...

Source-derived case information.

Citation
2000 BCSC 802
Parties
Crown: Her Majesty the Queen; Accused: Glenn Wallace Franz
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
26 May 2000
Procedural Posture
Criminal Homicide (murder) / Trial Judgment (verdict Rendered; Sentencing Adjourned for Parole Ineligibility Determination)
Outcome
Accused convicted of second degree murder
Legal Topics
Homicide, Confession Admissibility (undercover/mr. Big), Forcible Confinement, Alibi Evidence, First Degree Murder, Second Degree Murder, Parole Ineligibility
Source Language
english
Criminal Law Evidence Procedure Homicide Confession Admissibility (undercover/mr. Big) Forcible Confinement Alibi Evidence First Degree Murder +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Glenn Wallace Franz

Accused

Procedural Posture

Criminal Homicide (murder) / Trial Judgment (verdict Rendered; Sentencing Adjourned for Parole Ineligibility Determination)

Legal Issues

  1. 1 Is the alleged victim dead?
  2. 2 Did the accused cause the death?
  3. 3 Was the killing first degree murder (planning/deliberation or during forcible confinement)?

Ratio Decidendi

Judge found death proved beyond reasonable doubt on circumstantial evidence, accepted the undercover confession as reliable after assessing credibility and absence of credible coercion, rejected alibi evidence, but found reasonable doubt whether killing was planned or occurred while committing forcible confinement and therefore convicted of second degree murder.

Court Disposition

Accused convicted of second degree murder

Orders

  • Accused found guilty of second degree murder of Jodi Franz
  • Automatic life sentence imposed with parole ineligibility of 10 years pursuant to s.745(c) (to be considered for extension under s.745.4)