R. v. Barnes

R. v. Barnes

The joint submission was accepted because, after balancing aggravating factors (use of firearm, deliberate killing) against mitigating factors (guilty plea, apparent genuine remorse, addiction and prospects for treatment) and finding no compelling evidence of future dangerousness if rehabilitated, the statutory factors under s.745.4 support the 10-year parole ineligibility period.

Citation
2016 BCSC 2219
Parties
Crown: Regina; Accused: Jordan Larry Barnes; Co Accused: Jeremy Wayne Davis
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
1 November 2016
Procedural Posture
Criminal Second Degree Murder Sentencing / Sentencing (oral Reasons for Sentence)
Outcome
Sentenced to imprisonment for life with parole ineligibility for 10 years
Legal Topics
Murder, Parole Ineligibility, Guilty Plea, Joint Submission, Mr. Big Operation, DNA Order, Firearms Prohibition, Substance Abuse
Source Language
English
Criminal Law Sentencing Murder Parole Ineligibility Guilty Plea Joint Submission Mr. Big Operation DNA Order +2 more

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Parties

Regina

Crown

Jordan Larry Barnes

Accused

Jeremy Wayne Davis

Co Accused

Procedural Posture

Criminal Second Degree Murder Sentencing / Sentencing (oral Reasons for Sentence)

Legal Issues

  1. 1 Appropriate period of parole ineligibility under s.745.4 Criminal Code
  2. 2 Whether to accept a joint submission on sentence
  3. 3 Balancing aggravating and mitigating factors including use of firearm and guilty plea

Ratio Decidendi

The joint submission was accepted because, after balancing aggravating factors (use of firearm, deliberate killing) against mitigating factors (guilty plea, apparent genuine remorse, addiction and prospects for treatment) and finding no compelling evidence of future dangerousness if rehabilitated, the statutory factors under s.745.4 support the 10-year parole ineligibility period.

Court Disposition

Sentenced to imprisonment for life with parole ineligibility for 10 years

Orders

  • Imprisonment for life; ineligible for parole until at least 10 years have been served
  • Provide bodily substance sample for DNA analysis pursuant to s.487.051 Criminal Code