R. v. Johnson

R. v. Johnson

Given the offender's extensive violent criminal history, demonstrated inability to comply with court orders, the particularly brutal nature of the murders including the smothering of a two month old, and the surrounding circumstances of domestic violence, the proper exercise of discretion under s.745.4 required a substantial increase in parole ineligibility to 21 years to serve the objectives of denunciation, deterrence and public protection.

Citation
2001 NSSC 119
Parties
Crown: Her Majesty the Queen; Accused: Wilfred Dwayne Johnson
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
20 August 2001
Procedural Posture
Criminal Second Degree Murder / Sentencing (post Conviction)
Outcome
Offender convicted and sentenced to life imprisonment; parole ineligibility set at 21 years from date of arrest; lifetime prohibition on possession of firearms, ammunition or explosives under s.109 Criminal Code.
Legal Topics
Second Degree Murder, Parole Ineligibility, Life Imprisonment, Aggravation (infant Victim), Victim Impact Statements
Source Language
English
Criminal Law Sentencing Second Degree Murder Parole Ineligibility Life Imprisonment Aggravation (infant Victim) Victim Impact Statements

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Parties

Her Majesty the Queen

Crown

Wilfred Dwayne Johnson

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing (post Conviction)

Legal Issues

  1. 1 Whether the period of parole ineligibility for second degree murder should be increased beyond the statutory ten years
  2. 2 Appropriate quantum of increased parole ineligibility within 11–25 year range under s.745.4 Criminal Code
  3. 3 Assessment of offender's character, nature of the offence and surrounding circumstances for sentencing purposes

Ratio Decidendi

Given the offender's extensive violent criminal history, demonstrated inability to comply with court orders, the particularly brutal nature of the murders including the smothering of a two month old, and the surrounding circumstances of domestic violence, the proper exercise of discretion under s.745.4 required a substantial increase in parole ineligibility to 21 years to serve the objectives of denunciation, deterrence and public protection.

Court Disposition

Offender convicted and sentenced to life imprisonment; parole ineligibility set at 21 years from date of arrest; lifetime prohibition on possession of firearms, ammunition or explosives under s.109 Criminal Code.

Orders

  • Sentence of life imprisonment on two counts of second degree murder
  • Parole ineligibility of 21 years from date of arrest