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Sentencing reasons for Kia Ebrahimian, who pleaded guilty to three counts of second-degree murder. The court accepted a joint submission and imposed life imprisonment with 15 years parole ineligibility.
Although the murder was exceptionally brutal and involved aggravating features (armed entry, violence while victim asleep, numerous wounds, planning and substantial after-the-fact concealment), the trial judge held that the mitigating factors — the offender's severe addiction at the time, lack of prior violent record, youth, demonstrable remorse, strong community and family support, sustained recovery efforts and the jury's partial recommendation — outweighed those aggravating factors for the purposes of parole ineligibility; accordingly the statutory 10-year period was not increased under s.…
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On sentencing for second degree murder, the court imposed life imprisonment with 12 years of parole ineligibility, citing domestic violence, brutality, and aggravating circumstances.
Sentencing on a second degree murder conviction. The court imposed life imprisonment with 10 years’ parole ineligibility, rejecting a longer term sought by the Crown.
The appropriate parole ineligibility is 11 years from February 2, 2012: the offence falls in the first tier (10-15 years) but aggravating factors (knife attack on an unarmed victim, breach of probation prohibiting weapons, flight, discarding weapon, resisting arrest, and significant victim impact) warrant a period above the 10-year minimum while mitigating factors (extreme youth at the time, remorse, positive institutional progress, supportive family and prospects for rehabilitation) justify remaining within the lower tier, resulting in an 11-year term.
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Sentencing after a jury conviction for second degree murder. The court imposed life imprisonment with 14 years parole ineligibility, plus weapons and DNA orders.
The Court of Appeal dismissed a sentence appeal from a second degree murder conviction, upholding 15 years of parole ineligibility and rejecting arguments based on mental disorder and immigration status.
The Court held the trial judge did not err in the exercise of her discretion under s.724 and s.725 in limiting factual findings to those necessary for sentencing and in the manner she weighed aggravating and mitigating factors, and therefore dismissed the Crown's appeals against sentence; however the trial judge erred in ordering parole ineligibility under s.743.6(1.2) because the statutory two-year threshold was not met, and that portion of the sentences was set aside.
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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.
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The court accepted the joint submission and imposed life imprisonment with parole ineligibility of 13 years because aggravating factors (brutal domestic homicide, presence of children, destruction of family) outweighed mitigation (guilty plea, no record, mental disorder), and the sentence falls within established comparable ranges for similar offences.
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