R. v. Wellwood

R. v. Wellwood

Having considered the seriousness and circumstances of the first degree murder, the age and maturity of each offender, their character and background, psychiatric opinions that both pose a high and prolonged risk of serious reoffending and that youth-system dispositions (10 years total; max 6 custody) would not provide sufficient length or supervision to hold them accountable consistent with YCJA ss.3 and 38, the court concluded Crown met its burden under s.72(1)(b) and s.73 authorizes adult sentences; therefore both accused were sentenced to life imprisonment with 10 years parole ineligibility and concurrent five‑year terms for indignity to remains, plus ancillary DNA, firearms and...

Citation
2011 BCSC 690
Parties
Crown: Regina; Accused: Kruse Hendrick Wellwood; Accused: Cameron Alexander Moffat
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
4 April 2011
Procedural Posture
Criminal Sentencing (first Degree Murder) / Oral Reasons for Sentence / Sentencing Hearing
Outcome
Both accused ordered sentenced as adults under s.73 YCJA; each sentenced to life imprisonment with parole ineligibility for 10 years and concurrent five‑year sentences for offering indignity to remains; ancillary DNA, firearms and registration orders made.
Legal Topics
Adult Sentence Application Under YCJA, Youth Sentencing Principles, Parole Ineligibility, Sex Offender Registration, Forensic DNA Sampling, Ancillary Firearms Prohibitions
Source Language
English
Criminal Law Youth Criminal Justice Act Sentencing Homicide Sexual Offences Adult Sentence Application Under YCJA Youth Sentencing Principles Parole Ineligibility +3 more

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Parties

Regina

Crown

Kruse Hendrick Wellwood

Accused

Cameron Alexander Moffat

Accused

Procedural Posture

Criminal Sentencing (first Degree Murder) / Oral Reasons for Sentence / Sentencing Hearing

Legal Issues

  1. 1 Whether Crown satisfied s.72(1)(b) YCJA that a youth sentence would not have sufficient length to hold offenders accountable
  2. 2 Application of YCJA ss.3 and 38 sentencing principles and purpose of accountability
  3. 3 Assessment of maturity, moral culpability and risk of reoffending for each youth

Ratio Decidendi

Having considered the seriousness and circumstances of the first degree murder, the age and maturity of each offender, their character and background, psychiatric opinions that both pose a high and prolonged risk of serious reoffending and that youth-system dispositions (10 years total; max 6 custody) would not provide sufficient length or supervision to hold them accountable consistent with YCJA ss.3 and 38, the court concluded Crown met its burden under s.72(1)(b) and s.73 authorizes adult sentences; therefore both accused were sentenced to life imprisonment with 10 years parole ineligibility and concurrent five‑year terms for indignity to remains, plus ancillary DNA, firearms and...

Court Disposition

Both accused ordered sentenced as adults under s.73 YCJA; each sentenced to life imprisonment with parole ineligibility for 10 years and concurrent five‑year sentences for offering indignity to remains; ancillary DNA, firearms and registration orders made.

Orders

  • Each accused sentenced to imprisonment for life under Criminal Code s.745
  • Parole ineligibility for each accused of 10 years pursuant to Criminal Code s.745.1(b)