R. v. Alexander

R. v. Alexander

The appropriate period of parole ineligibility is eleven years because, although the default is ten years and the jury recommended ten, the particularly aggravating circumstance of breach of trust—killing a defenceless spouse whom the offender was caring for after brain surgery—warranted a one-year increase to...

Source-derived case information.

Citation
2014 BCSC 1306
Parties
Crown: Regina; Accused: Jo Anne Nancy Alexander
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
8 July 2014
Procedural Posture
Criminal Second Degree Murder / Sentencing
Outcome
Accused convicted of second-degree murder; sentenced to life imprisonment with parole ineligibility for 11 years.
Legal Topics
Parole Ineligibility, Breach of Trust, Aggravating and Mitigating Factors, Mental Health (automatism), Victim Acknowledgement
Source Language
english
Criminal Law Sentencing Homicide Parole Ineligibility Breach of Trust Aggravating and Mitigating Factors Mental Health (automatism) Victim Acknowledgement

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Parties

Regina

Crown

Jo Anne Nancy Alexander

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing

Legal Issues

  1. 1 Appropriate period of parole ineligibility under s.745.4 of the Criminal Code
  2. 2 Whether breach of trust and victim vulnerability aggravate sentence
  3. 3 Weight to give jury recommendation

Ratio Decidendi

The appropriate period of parole ineligibility is eleven years because, although the default is ten years and the jury recommended ten, the particularly aggravating circumstance of breach of trust—killing a defenceless spouse whom the offender was caring for after brain surgery—warranted a one-year increase to denounce the conduct while also recognizing mitigating factors such as lack of prior record and support for rehabilitation.

Court Disposition

Accused convicted of second-degree murder; sentenced to life imprisonment with parole ineligibility for 11 years.

Orders

  • Impose life imprisonment for second-degree murder
  • No eligibility to apply for parole for 11 years