R. v. Leggette

Parties

Procedural Posture

Criminal Sentencing (murder) / Sentencing After Guilty Plea

Legal Issues

1. 1 Appropriate sentence for first degree murder
2. 2 Appropriate sentence and parole ineligibility for second degree murder where there is a negotiated plea
3. 3 Application of s.745.4 discretionary increase of parole ineligibility up to 25 years

Ratio Decidendi

The court sentenced both accused to life imprisonment. Leggette, having pleaded to first degree murder and being the principal and planner of the killing, was sentenced to life with no eligibility for parole until 25 years from his arrest date (February 18, 2014), and was subject to a primary DNA order and a 10-year weapons prohibition. Henneberry, whose role was accepted as secondary and who entered a negotiated guilty plea, was sentenced to life with no eligibility for parole until 10 years from her arrest date (February 18, 2014), and was subject to a primary DNA order and a 10-year weapons prohibition; the joint recommendation was accepted as within the proper range.

Court Disposition

Both accused sentenced to life imprisonment. Leggette: parole ineligibility 25 years from Feb 18, 2014. Henneberry: parole ineligibility 10 years from Feb 18, 2014.

Orders

• Blake William David Leggette: Life imprisonment; no parole eligibility until 25 years from February 18, 2014; Primary DNA Order; Weapons prohibition for 10 years pursuant to s.109 of the Criminal Code.
• Victoria Lea Henneberry: Life imprisonment; no parole eligibility until 10 years from February 18, 2014; Primary DNA Order; Weapons prohibition for 10 years pursuant to s.109 of the Criminal Code.