R. v. Surette

R. v. Surette

The judge accepted the joint recommendation as a fit sentence because the offence and offender circumstances placed moral culpability at the higher end of the s.745.1 range; thus parole eligibility was set at 20 years for Surette and 18 years for Fredericks as within the acceptable range and not likely to bring the administration of justice into disrepute.

Citation
2015 NSSC 141
Parties
Crown: Regina; Accused: Daniel Wayne Surette; Accused: Kyle David Fredericks
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 April 2015
Procedural Posture
Criminal Second Degree Murder / Sentencing Hearing (joint Recommendation on Parole Eligibility)
Outcome
Joint recommendation accepted; life imprisonment imposed (mandatory) with parole eligibility set at 20 years for Daniel Wayne Surette and 18 years for Kyle David Fredericks.
Legal Topics
Second Degree Murder, Life Imprisonment, Eligibility for Parole, Joint Submission, Aggravating and Mitigating Factors, Victim Impact
Source Language
English
Criminal Law Sentencing Parole Eligibility Plea Bargaining Second Degree Murder Life Imprisonment Eligibility for Parole Joint Submission +2 more

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Parties

Regina

Crown

Daniel Wayne Surette

Accused

Kyle David Fredericks

Accused

Procedural Posture

Criminal Second Degree Murder / Sentencing Hearing (joint Recommendation on Parole Eligibility)

Legal Issues

  1. 1 Whether the court should accept a joint recommendation fixing parole eligibility at specified years within the 10-25 year range under s.745.1 of the Criminal Code
  2. 2 Application of s.745.4 factors: individual character, nature of offence, circumstances of offence
  3. 3 Standard for acceptance of joint submissions (whether sentence is within an acceptable range and fit)

Ratio Decidendi

The judge accepted the joint recommendation as a fit sentence because the offence and offender circumstances placed moral culpability at the higher end of the s.745.1 range; thus parole eligibility was set at 20 years for Surette and 18 years for Fredericks as within the acceptable range and not likely to bring the administration of justice into disrepute.

Court Disposition

Joint recommendation accepted; life imprisonment imposed (mandatory) with parole eligibility set at 20 years for Daniel Wayne Surette and 18 years for Kyle David Fredericks.

Orders

  • Life imprisonment imposed on each offender (mandatory under s.745(c))
  • Parole ineligibility period fixed: 20 years for Daniel Wayne Surette