R. v. Bacon

2023 BCSC 655 R. v. Bacon

IN THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Bacon, 2023 BCSC 655 Date: 20230414 Docket: 89524-3 Registry: Nanaimo Rex v. Steven Bacon Before: The Honourable Mr. Justice Baird Oral Reasons for Sentence Counsel for the Crown: N. Barber Counsel for the Offender: G. Labine Place and Date of Hearing: Nanaimo, B.C. April 14, 2023 Place and Date of Judgment: Nanaimo, B.C. April 14, 2023 [1] THE COURT: Mr. Bacon, as you clearly realise, you have committed an appalling crime, a cowardly crime, a vicious crime. You have robbed a 16-year-old child of all the remaining years of her life. You have cast a permanent pall of sorrow and grief over her family and friends. You have caused serious and enduring damage to this community's sense of safety, peace and tranquility. [2] Upon your guilty plea to the charge of second-degree murder of Makayla Anne Chang, who was born on the 1st day of March in 2001, I hereby sentence you to the mandatory term of life imprisonment. As there appears to be some doubt about this from Makayla's father, it is a life sentence just as Mr. Labine has said. [3] KERRY CHANG: Thank you, sir. [4] THE COURT: The only question is one of parole eligibility. All prisoners in Canadian law are eligible for parole. But in a case like this involving a conviction for second-degree murder, I have the discretion to order that a period between 10 and 25 years of the

life sentence must be served before the offender is eligible to apply for parole. [5] KERRY CHANG: Yes, sir. [6] THE COURT: The agreed disposition here is that I should fix Mr. Bacon's parole ineligibility at 20 years. That does not mean he is going to get out in 20 years. It just means that he has the right after 20 years to ask to be let out. [7] KERRY CHANG: Yes, sir. [8] THE COURT: You understand? [9] KERRY CHANG: Yes, sir. [10] THE COURT: I wish that to be clearly understood by everybody here today. At the joint recommendation of counsel, Mr. Bacon, I am going to fix the period of parole ineligibility at 20 years. So, this is a life sentence, and as a matter of law you will not be eligible to apply for parole until the expiry of 20 years of your life sentence. [11] As you yourself have said, it is entirely possible, and I think even likely, that you will die in a federal penitentiary. In the result, you have taken Makayla Anne Chang's life, and you have forfeited your own. "Baird J."