R. v. Johnson

R. v. Johnson

The joint recommendation was within the acceptable range and fit the circumstances: mandatory life sentences imposed for second degree murder; parole ineligibility set at 20 years for Johnson and 16 years for MacDonald based on relative culpability and dangerousness; each offender sentenced to 5 years concurrent for...

Source-derived case information.

Citation
2016 NSSC 297
Parties
Crown: Her Majesty the Queen; Accused: Jason James Johnson; Accused: Kelly Amanda MacDonald
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
27 October 2016
Procedural Posture
Criminal Homicide / Sentencing
Outcome
Sentence: both offenders sentenced to life imprisonment for second degree murder; parole ineligibility set at 20 years for Jason James Johnson and 16 years for Kelly Amanda MacDonald; each sentenced to 5 years concurrent for interference with human remains; ancillary orders imposed.
Legal Topics
Second Degree Murder, Interference With Human Remains, Parole Ineligibility, Victim Surcharge, DNA Order, Firearms Prohibition
Source Language
english
Criminal Law Sentencing Homicide Ancillary Orders Second Degree Murder Interference With Human Remains Parole Ineligibility Victim Surcharge +2 more

Source-derived case record

Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Jason James Johnson

Accused

Kelly Amanda MacDonald

Accused

Procedural Posture

Criminal Homicide / Sentencing

Legal Issues

  1. 1 Whether to substitute the 10 year parole ineligibility period under s.745.4
  2. 2 Appropriate sentence for interference with human remains (s.182(b))
  3. 3 Imposition of ancillary orders (firearms prohibition, DNA, victim surcharge)

Ratio Decidendi

The joint recommendation was within the acceptable range and fit the circumstances: mandatory life sentences imposed for second degree murder; parole ineligibility set at 20 years for Johnson and 16 years for MacDonald based on relative culpability and dangerousness; each offender sentenced to 5 years concurrent for interference with human remains; ancillary orders (lifetime firearms prohibition, mandatory DNA order, victim surcharge $400 each) were imposed with no payment deadline set due to inability to assess a reasonable time.

Court Disposition

Sentence: both offenders sentenced to life imprisonment for second degree murder; parole ineligibility set at 20 years for Jason James Johnson and 16 years for Kelly Amanda MacDonald; each sentenced to 5 years concurrent for interference with human remains; ancillary orders imposed.

Orders

  • Both offenders sentenced to life imprisonment for second degree murder (mandatory under s.745(c))
  • Jason James Johnson not eligible for parole for 20 years