R. v. Barrett

R. v. Barrett

The court accepted the joint recommendation and imposed life imprisonment with parole eligibility after 15 years because, applying s.745.4 and s.718, the offence's brutality, the offender's extensive violent criminal record, his role in the drug trade, and his concealment of the killing are significant aggravating factors that place the case above the 10 year minimum but within the 15-20 year range endorsed by appellate guidance; therefore 15 years parole ineligibility is fit and within the acceptable range.

Citation
2016 NSSC 107
Parties
Crown/prosecution: Her Majesty the Queen; Accused/defendant: Thomas Ted Barrett
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
13 April 2016
Procedural Posture
Criminal Second Degree Murder / Sentencing (post Conviction)
Outcome
Convicted of second degree murder; sentenced to life imprisonment; parole eligibility fixed at 15 years from February 1, 2013; firearms prohibition and DNA order granted; victim fine surcharge not imposed.
Legal Topics
Second Degree Murder, Parole Ineligibility, Joint Sentencing Submission, Victim Impact Statements, Firearms Prohibition, DNA Order
Source Language
English
Criminal Law Sentencing Parole Evidence/procedure Second Degree Murder Parole Ineligibility Joint Sentencing Submission Victim Impact Statements +2 more

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Parties

Her Majesty the Queen

Crown/prosecution

Thomas Ted Barrett

Accused/defendant

Procedural Posture

Criminal Second Degree Murder / Sentencing (post Conviction)

Legal Issues

  1. 1 Whether to accept a joint recommendation fixing parole ineligibility at 15 years
  2. 2 Application of s.745(c) mandatory life sentence and s.745.4 factors when setting parole ineligibility
  3. 3 Whether aggravating or mitigating circumstances justify more than the 10 year minimum

Ratio Decidendi

The court accepted the joint recommendation and imposed life imprisonment with parole eligibility after 15 years because, applying s.745.4 and s.718, the offence's brutality, the offender's extensive violent criminal record, his role in the drug trade, and his concealment of the killing are significant aggravating factors that place the case above the 10 year minimum but within the 15-20 year range endorsed by appellate guidance; therefore 15 years parole ineligibility is fit and within the acceptable range.

Court Disposition

Convicted of second degree murder; sentenced to life imprisonment; parole eligibility fixed at 15 years from February 1, 2013; firearms prohibition and DNA order granted; victim fine surcharge not imposed.

Orders

  • Sentence of life imprisonment pursuant to s.745(c) of the Criminal Code
  • Parole ineligibility fixed at 15 years from February 1, 2013