R. v. Benham

R. v. Benham

Given the specific facts — an intimate relationship where the victim was vulnerable, the killing in the victim's own home while the couple's young child was present, a pattern of angry behaviour toward women, failure to engage in recommended counselling, disregard for court orders and continued lack of remorse — the appropriate period of parole ineligibility under s.745.5 is 12 years; these aggravating factors justify an increase above the 10-year minimum but do not warrant the Crown's proposed 15 years.

Citation
2009 BCSC 1863
Parties
Crown: Regina; Accused: Brad J. Benham
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
23 January 2009
Procedural Posture
Criminal Second Degree Murder / Sentencing After Conviction
Outcome
Accused found guilty of second degree murder; sentenced to life imprisonment with parole ineligibility for 12 years.
Legal Topics
Parole Ineligibility Under S.745.5, Domestic Violence, Abuse of Trust, Victim Impact, Peace Bonds and Bail Conditions
Source Language
English
Criminal Law Sentencing Parole Ineligibility Under S.745.5 Domestic Violence Abuse of Trust Victim Impact Peace Bonds and Bail Conditions

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Parties

Regina

Crown

Brad J. Benham

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing After Conviction

Legal Issues

  1. 1 Appropriate length of parole ineligibility under s.745.5/s.745.4
  2. 2 Whether aggravating factors justify increasing parole ineligibility above 10 years
  3. 3 Admissibility and weight of hearsay/untried offences for sentencing

Ratio Decidendi

Given the specific facts — an intimate relationship where the victim was vulnerable, the killing in the victim's own home while the couple's young child was present, a pattern of angry behaviour toward women, failure to engage in recommended counselling, disregard for court orders and continued lack of remorse — the appropriate period of parole ineligibility under s.745.5 is 12 years; these aggravating factors justify an increase above the 10-year minimum but do not warrant the Crown's proposed 15 years.

Court Disposition

Accused found guilty of second degree murder; sentenced to life imprisonment with parole ineligibility for 12 years.

Orders

  • Life imprisonment with no eligibility to apply for parole for 12 years
  • Lifetime weapons prohibition under s.109 of the Criminal Code