R. v. Falkner

R. v. Falkner

Section 745(b) is constitutionally valid; its purpose to punish and denounce a person who commits murder after a prior murder conviction is discernible and legitimate, and its mandatory effect of 25 years parole ineligibility for a second conviction for second degree murder does not amount to arbitrary imprisonment contrary to ss.7 or 9 of the Charter; accordingly the application to strike s.745(b) is dismissed and sentencing proceeds under the mandatory term.

Citation
2004 BCSC 986
Parties
Crown: Regina; Accused: Donald Joseph Falkner
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
22 July 2004
Procedural Posture
Criminal / Charter Challenge to Mandatory Minimum Sentence Under S.745(b) Prior to Sentencing
Outcome
Application dismissed; s.745(b) of the Criminal Code upheld as constitutional
Legal Topics
Section 745(b) Criminal Code, Section 7 Charter, Section 9 Charter, Section 1 Charter, Mandatory Minimum Sentences, Parole Ineligibility, Second Degree Murder
Source Language
English
Criminal Law Constitutional Law Sentencing Charter Rights Section 745(b) Criminal Code Section 7 Charter Section 9 Charter Section 1 Charter +3 more

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Parties

Regina

Crown

Donald Joseph Falkner

Accused

Procedural Posture

Criminal / Charter Challenge to Mandatory Minimum Sentence Under S.745(b) Prior to Sentencing

Legal Issues

  1. 1 Whether s.745(b) of the Criminal Code violates s.9 of the Charter (arbitrary detention)
  2. 2 Whether s.745(b) violates s.7 of the Charter (principles of fundamental justice)
  3. 3 Whether the purpose and effects of s.745(b) are constitutionally valid

Ratio Decidendi

Section 745(b) is constitutionally valid; its purpose to punish and denounce a person who commits murder after a prior murder conviction is discernible and legitimate, and its mandatory effect of 25 years parole ineligibility for a second conviction for second degree murder does not amount to arbitrary imprisonment contrary to ss.7 or 9 of the Charter; accordingly the application to strike s.745(b) is dismissed and sentencing proceeds under the mandatory term.

Court Disposition

Application dismissed; s.745(b) of the Criminal Code upheld as constitutional

Orders

  • The Charter application challenging s.745(b) is dismissed
  • Sentence to be imposed in accordance with s.745(b): life imprisonment with no eligibility for parole for 25 years