Canada Judgment

Supreme Court of British Columbia

R. v. Langlet

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Source document

01

Holding and result

The court sentenced the accused to imprisonment for life for first degree murder, set parole ineligibility until October 7, 2035, imposed a firearms prohibition under ss.109(1) and (3), and ordered the provision of a DNA sample under s.487.051(1), based on findings that the killing was calculated, unprovoked, cold-blooded, involved luring the victim and multiple gunshots, and constituted an aggravated, brutal execution.

Court disposition

Accused convicted of first degree murder and sentenced to imprisonment for life with parole ineligibility until October 7, 2035; ancillary orders imposed.

Orders

  • Sentence: Imprisonment for life for one count of first degree murder; offender not eligible for parole until October 7, 2035.
  • Firearms prohibition order pursuant to s.109(1) and (3) prohibiting possession of any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, explosive substance.
  • Order pursuant to s.487.051(1) requiring the accused to provide a DNA sample by December 31, 2013.

02

Material facts

Parties

Regina

Crown/prosecution Counsel: Jay L. Fogel; Sheryl L. Wagner

David Lawrence Robert Langlet

Accused/defendant Counsel: Patrick D. Angly; Bree A. Makohn

Amounts and remedies

  • Years Before Application Under Section745 6: 15

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The Crown submitted that the defendant committed a calculated, unprovoked, cold-blooded execution warranting life imprisonment with parole ineligibility until October 7, 2035, and sought ancillary orders including a firearms prohibition and a DNA sample.
Respondent
Defence submissions are not detailed in the reasons; mitigation arguments were advanced but are not recorded in these oral reasons.

05

Court’s reasoning

  1. 01

    Criminal Code, R.S.C. 1985, c. C-46, ss.109(1),(3)

    Firearms prohibition may be ordered following conviction pursuant to ss.109(1) and (3) of the Criminal Code.

  2. 02

    Criminal Code, R.S.C. 1985, c. C-46, ss.487.04; 487.051(1)

    Where an offender is convicted of a primary designated offence, a DNA sample may be ordered to be provided pursuant to s.487.051(1).

  3. 03

    Criminal Code, R.S.C. 1985, c. C-46, ss.745.01(1); 745.6

    Court must inform offender of life sentence and parole ineligibility pursuant to s.745.01(1); offender may apply under s.745.6 after serving at least 15 years for a reduction in parole ineligibility period.

  4. 04

    Criminal Code, R.S.C. 1985, c. C-46

    First degree murder carries a sentence of imprisonment for life with a statutory period of parole ineligibility as imposed by the court.

06

Ratio, limits and disposition

Ratio decidendi

The court sentenced the accused to imprisonment for life for first degree murder, set parole ineligibility until October 7, 2035, imposed a firearms prohibition under ss.109(1) and (3), and ordered the provision of a DNA sample under s.487.051(1), based on findings that the killing was calculated, unprovoked, cold-blooded, involved luring the victim and multiple gunshots, and constituted an aggravated, brutal execution.

Obiter and limits

  • The judge characterized the killing as callous and brutal and noted it was carried out ostensibly for retaliation and possibly for personal gain.
  • The statutory admonition under s.745.01(1) was read to the offender explaining parole ineligibility and the right to apply under s.745.6 after serving at least 15 years.

Court disposition

Accused convicted of first degree murder and sentenced to imprisonment for life with parole ineligibility until October 7, 2035; ancillary orders imposed.

  • Sentence: Imprisonment for life for one count of first degree murder; offender not eligible for parole until October 7, 2035.
  • Firearms prohibition order pursuant to s.109(1) and (3) prohibiting possession of any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, explosive substance.
  • Order pursuant to s.487.051(1) requiring the accused to provide a DNA sample by December 31, 2013.

Source and reliance status

Supreme Court of British Columbia · 9 December 2013

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Judgment text

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Source document

Supreme Court of British Columbia

Judgment· 9 December 2013

2013 BCSC 2466

2013 BCSC 2466 R. v. Langlet

THE SUPREME COURT OF BRITISH COLUMBIA Citation: R. v. Langlet, 2013 BCSC 2466 Date: 20131209 Docket: X074669-3 Registry: New Westminster Regina v. David Lawrence Robert Langlet Before: The Honourable Madam Justice Arnold-Bailey Oral Reasons for Sentence Counsel for the Crown: Jay L. Fogel Sheryl L. Wagner Counsel for the Accused: Patrick D. Angly Bree A. Makohn Place and Date of Hearing: New Westminster, B.C. December 9, 2013 Place and Date of Judgment: New Westminster, B.C. December 9, 2013 [1] THE COURT: I will deal with the ancillary orders first. [2] I am making a firearms prohibition order pursuant to s. 109(1) and (3) of the Criminal Code, R.S.C. 1985, c. C-46. Pursuant to s. 109(1) and (3) I prohibit Mr. Langlet from possessing any firearms, which includes any firearm, crossbow, prohibited weapon, restricted weapon, prohibited device, ammunition, prohibited ammunition, explosive substance. [3] By virtue of his conviction of a primary designated offence pursuant to s. 487.04, I make an order pursuant to s. 487.051(1) that he provide a sample of his DNA in the usual manner and that sample be provided by December 31, 2013. [4] Under s. 745.01(1) I am obliged to read the following: The offender has been found guilty in relation to one count of first degree murder and is sentenced to imprisonment for life. The offender is not eligible for parole until October 7, 2035.

However, after serving at least 15 years of the sentence, the offender may apply under section 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period. [5] I also make the following comments. I find that the murder of Mr. Preece was a calculated, unprovoked, cold-blooded execution. Mr. Langlet utilized another person to coax Mr. Preece into being at the scene where he hoped to find him alone. Mr. Langlet approached him while he was seated in his car alone, apparently unarmed. Mr. Langlet shot Mr. Preece in the head three times and two times elsewhere in his body. These are the violent actions of someone who is callous and brutal, who then fled the scene and disposed of the gun. Mr. Langlet did all of this ostensibly for retaliation and possibly for personal gain. [6] Thank you. "Arnold-Bailey J."

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Authorities

Authorities used by the court

Cases, legislation, regulations, and constitutional provisions identified in the available record.

Criminal Code, R.S.C. 1985, c. C-46, s.109(1),(3)

Legislation

Legislation referenced in the available case record.

Criminal Code, R.S.C. 1985, c. C-46, s.487.04

Legislation

Legislation referenced in the available case record.

Criminal Code, R.S.C. 1985, c. C-46, s.487.051(1)

Legislation

Legislation referenced in the available case record.

Criminal Code, R.S.C. 1985, c. C-46, s.745.01(1)

Legislation

Legislation referenced in the available case record.

Criminal Code, R.S.C. 1985, c. C-46, s.745.6

Legislation

Legislation referenced in the available case record.

Corrections and Conditional Release Act

Legislation

Legislation referenced in the available case record.

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