R. v. Scott

R. v. Scott

An extended parole ineligibility period beyond the 10-year minimum was justified by the particularly aggravating use of a firearm and the intimate-partner context; balancing mitigating factors (no prior record, remorse, rehabilitation potential and psychiatric mitigation) produced a fit period of 14 years before parole eligibility.

Citation
2019 BCSC 1007
Parties
Crown: Regina; Accused: Randy William Scott; Deceased: Peter Bender
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 May 2019
Procedural Posture
Criminal Second Degree Murder / Sentencing (post Conviction)
Outcome
Offender sentenced to life imprisonment with parole ineligibility set at 14 years.
Legal Topics
Second Degree Murder, Parole Ineligibility, Sentencing Principles, Victim Impact, Mental Disorder Evidence
Source Language
English
Criminal Law Sentencing Parole Firearms Offences Second Degree Murder Parole Ineligibility Sentencing Principles Victim Impact +1 more

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Parties

Regina

Crown

Randy William Scott

Accused

Peter Bender

Deceased

Procedural Posture

Criminal Second Degree Murder / Sentencing (post Conviction)

Legal Issues

  1. 1 Appropriate period of parole ineligibility under s.745.4 of the Criminal Code
  2. 2 Application of sentencing principles including denunciation, deterrence, protection of society, proportionality and rehabilitation
  3. 3 Weight to be given to mitigating factors (no record, remorse, psychiatric evidence) versus aggravating features (use of firearm, intimate partner context, execution-style killing)

Ratio Decidendi

An extended parole ineligibility period beyond the 10-year minimum was justified by the particularly aggravating use of a firearm and the intimate-partner context; balancing mitigating factors (no prior record, remorse, rehabilitation potential and psychiatric mitigation) produced a fit period of 14 years before parole eligibility.

Court Disposition

Offender sentenced to life imprisonment with parole ineligibility set at 14 years.

Orders

  • Order that offender serve life imprisonment with no eligibility for parole for 14 years
  • Order that offender provide bodily samples for forensic DNA analysis pursuant to Form 5.03 and s.487.051(1) of the Criminal Code