R. v. Krewson

R. v. Krewson

Balancing the statutory sentencing objectives and established jurisprudential pattern that 10 years is the general starting point but must be extended where aggravating features are present, the court found the offence (close-range shooting in a confined vehicle while victim attempted to flee, use of a high-powered...

Source-derived case information.

Citation
2017 BCSC 1488
Parties
Crown: Regina; Accused: Howard Everett Krewson
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
19 July 2017
Procedural Posture
Criminal Second Degree Murder / Sentencing
Outcome
Convicted of second degree murder; sentenced to life imprisonment with no parole for 13 years; lifetime firearm prohibition; DNA sample required; exhibits forfeited to Crown.
Legal Topics
Second Degree Murder, Parole Eligibility Under S.745.4/745.5, Mitigating and Aggravating Factors, Application of S.718 Principles, Lifetime Firearm Ban, DNA Order, Forfeiture
Source Language
english
Criminal Law Sentencing Parole Ineligibility Firearm Prohibition DNA Registration Second Degree Murder Parole Eligibility Under S.745.4/745.5 Mitigating and Aggravating Factors +4 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 6 Authorities cited 9 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Regina

Crown

Howard Everett Krewson

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing

Legal Issues

  1. 1 What period of parole ineligibility under s.745.4/745.5 is appropriate for second degree murder
  2. 2 Application of s.718 sentencing principles including proportionality and parity
  3. 3 Weighing aggravating and mitigating factors (use of firearm, confined space, position of trust, remorse, substance use)

Ratio Decidendi

Balancing the statutory sentencing objectives and established jurisprudential pattern that 10 years is the general starting point but must be extended where aggravating features are present, the court found the offence (close-range shooting in a confined vehicle while victim attempted to flee, use of a high-powered handgun, position of trust, limited acceptance of responsibility and significant impact on victim's family) sufficiently aggravating to warrant extending parole ineligibility to 13 years; ancillary orders followed statutory requirements (firearm ban, DNA, forfeiture).

Court Disposition

Convicted of second degree murder; sentenced to life imprisonment with no parole for 13 years; lifetime firearm prohibition; DNA sample required; exhibits forfeited to Crown.

Orders

  • Life imprisonment with no eligibility for parole for 13 years
  • Lifetime firearm prohibition pursuant to s.109 Criminal Code of Canada