R. v. Lagimodiere

R. v. Lagimodiere

Given the extensive premeditation, extreme and prolonged violence (at least 67 wounds) against an innocent stranger, the offender's prior violent record, admissions of planning and willingness to kill again, and the offender's documented mental disorder coupled with resistance to treatment indicating ongoing dangerousness, the appropriate period of parole ineligibility for a life sentence for second degree murder is 14 years; Gladue factors and guilty plea mitigated but did not outweigh aggravating factors.

Citation
2022 BCSC 425
Parties
Crown: Regina; Accused: Tyler Anthony Lagimodiere
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
15 February 2022
Procedural Posture
Criminal Second Degree Murder / Sentencing Hearing (oral Reasons for Sentence)
Outcome
Accused sentenced to life imprisonment with no eligibility for parole for 14 years.
Legal Topics
Second Degree Murder, Parole Ineligibility Under S.745.4, Gladue Principles (s.718.2(e)), NCRMD (s.16), Ancillary Orders, Mitigation and Aggravation, Future Dangerousness
Source Language
English
Criminal Law Sentencing Indigenous Sentencing Mental Health and Criminal Responsibility Parole Ineligibility Second Degree Murder Parole Ineligibility Under S.745.4 Gladue Principles (s.718.2(e)) +4 more

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Parties

Regina

Crown

Tyler Anthony Lagimodiere

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing Hearing (oral Reasons for Sentence)

Legal Issues

  1. 1 Whether to increase parole ineligibility above statutory 10 years under s.745.4
  2. 2 Appropriate length of parole ineligibility given offender's character, nature of offence and surrounding circumstances
  3. 3 Application of Gladue principles for an Indigenous offender

Ratio Decidendi

Given the extensive premeditation, extreme and prolonged violence (at least 67 wounds) against an innocent stranger, the offender's prior violent record, admissions of planning and willingness to kill again, and the offender's documented mental disorder coupled with resistance to treatment indicating ongoing dangerousness, the appropriate period of parole ineligibility for a life sentence for second degree murder is 14 years; Gladue factors and guilty plea mitigated but did not outweigh aggravating factors.

Court Disposition

Accused sentenced to life imprisonment with no eligibility for parole for 14 years.

Orders

  • Life imprisonment with no eligibility for parole for 14 years for second degree murder.
  • Lifetime prohibition pursuant to s.109(a) and (b) of the Criminal Code with respect to any firearm, cross‑bow, restricted weapon, ammunition and explosive substance.