R. v. Richard

R. v. Richard

Self-defence failed because the offender was not being assaulted nor reasonably believed he was being assaulted; applying ss.718-718.2 and relevant case law and comparing precedents, the offence was senseless, motiveless and posed significant danger warranting placement in the upper sentencing range and a 16 year period of parole ineligibility.

Citation
2009 BCSC 853
Parties
Crown: Regina; Accused: Shane Robert Joseph Richard
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
11 March 2009
Procedural Posture
Criminal Second Degree Murder / Sentencing (post Conviction)
Outcome
Convicted of second degree murder; sentenced to life imprisonment with parole ineligibility of 16 years.
Legal Topics
Second Degree Murder, Parole Ineligibility S.745.4, Self Defence S.34(2), Weapons Prohibition S.109, DNA Order S.487.051, Sentencing Principles Ss.718 718.2
Source Language
English
Criminal Law Sentencing Parole Law Defence of Self Defence Evidence Second Degree Murder Parole Ineligibility S.745.4 Self Defence S.34(2) +3 more

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Parties

Regina

Crown

Shane Robert Joseph Richard

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate period of parole ineligibility under s.745.4
  2. 2 Whether self-defence under s.34(2) was established
  3. 3 Which facts may be found by the sentencing judge given a jury verdict (R. v. Ferguson)

Ratio Decidendi

Self-defence failed because the offender was not being assaulted nor reasonably believed he was being assaulted; applying ss.718-718.2 and relevant case law and comparing precedents, the offence was senseless, motiveless and posed significant danger warranting placement in the upper sentencing range and a 16 year period of parole ineligibility.

Court Disposition

Convicted of second degree murder; sentenced to life imprisonment with parole ineligibility of 16 years.

Orders

  • Life firearms and weapons prohibition pursuant to s.109 (for life)
  • Order for forensic DNA sampling pursuant to s.487.051 and s.487.06