R. v. Gowen

R. v. Gowen

A period of 15 years parole ineligibility was within the acceptable range and fit in the circumstances given the offender's youth, lack of prior violent record, remorse, guilty plea and the nature of the offence; accordingly the court accepted the joint recommendation and imposed life imprisonment with 15 years parole ineligibility, a lifetime firearms prohibition and DNA order, and waived the victim surcharge.

Citation
2011 NSSC 249
Parties
Crown: Regina; Accused: Kyle Gowen
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
7 June 2011
Procedural Posture
Criminal Second Degree Murder / Sentencing After Guilty Plea
Outcome
Guilty plea to second degree murder; sentenced to life imprisonment
Legal Topics
Second Degree Murder, Parole Ineligibility, Joint Recommendation, Victim Impact, Firearms Prohibition, DNA Order, Victim Surcharge
Source Language
English
Criminal Law Sentencing Homicide Parole Second Degree Murder Parole Ineligibility Joint Recommendation Victim Impact +3 more

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Parties

Regina

Crown

Kyle Gowen

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing After Guilty Plea

Legal Issues

  1. 1 Appropriate period of parole ineligibility for second degree murder
  2. 2 Whether to accept a joint recommendation of sentence
  3. 3 Weighing aggravating and mitigating factors including youth, remorse and guilty plea

Ratio Decidendi

A period of 15 years parole ineligibility was within the acceptable range and fit in the circumstances given the offender's youth, lack of prior violent record, remorse, guilty plea and the nature of the offence; accordingly the court accepted the joint recommendation and imposed life imprisonment with 15 years parole ineligibility, a lifetime firearms prohibition and DNA order, and waived the victim surcharge.

Court Disposition

Guilty plea to second degree murder; sentenced to life imprisonment

Orders

  • Life imprisonment with no parole eligibility for 15 years commencing October 30, 2010
  • Firearms prohibition for life