R. v. Miel

R. v. Miel

Given the exceptionally brutal and predatory nature of the killing, the jury's 20-year recommendation, the offender's lack of insight into her psychotic illness and the resulting continuing danger to the public, a parole ineligibility period greater than the 10 year minimum and within the high end of the 12–15 year...

Source-derived case information.

Citation
2017 BCSC 1446
Parties
Prosecution: Regina; Accused: Lisa Apphia Miel
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
20 July 2017
Procedural Posture
Criminal Second Degree Murder / Sentencing
Outcome
Accused sentenced to life imprisonment with parole ineligibility of 14 years; lifetime weapons prohibition; DNA sample order; forfeiture of seized items subject to exceptions
Legal Topics
Second Degree Murder, Parole Ineligibility, Sentencing Principles, Mental Health Assessment, Jury Recommendation, Forfeiture
Source Language
english
Criminal Law Sentencing Mental Health and Criminal Law Parole Eligibility Second Degree Murder Parole Ineligibility Sentencing Principles Mental Health Assessment +2 more

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Summary, issues, holding and outcome

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Parties

Regina

Prosecution

Lisa Apphia Miel

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing

Legal Issues

  1. 1 Whether to substitute a parole ineligibility period greater than the 10 year minimum under s.745(c)
  2. 2 Appropriate length of parole ineligibility having regard to offender character, nature of offence and circumstances
  3. 3 Whether the offender's mental illness mitigates culpability or increases the need for public protection

Ratio Decidendi

Given the exceptionally brutal and predatory nature of the killing, the jury's 20-year recommendation, the offender's lack of insight into her psychotic illness and the resulting continuing danger to the public, a parole ineligibility period greater than the 10 year minimum and within the high end of the 12–15 year grouping was required; the court imposed life imprisonment with parole ineligibility of 14 years together with statutory prohibitions and DNA order.

Court Disposition

Accused sentenced to life imprisonment with parole ineligibility of 14 years; lifetime weapons prohibition; DNA sample order; forfeiture of seized items subject to exceptions

Orders

  • Life imprisonment for second degree murder
  • Parole ineligibility period of 14 years from commencement of sentence