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The Supreme Court dismissed the Crown’s appeal in a second-degree murder case, holding the trial judge relied on an out-of-court statement as hearsay and that no curative proviso applied.
The court found beyond a reasonable doubt that the accused committed second degree murder (actus reus) and, on the balance of probabilities, that he was suffering from untreated schizophrenia and persistent delusions at the time, which rendered him incapable of knowing that his actions were morally wrong; accordingly the accused committed the act but is not criminally responsible under s.672.34 of the Criminal Code, and the matter is referred to the Review Board with orders for detention at the Forensic Psychiatric Hospital, expedited disclosure to the Review Board, a disposition hearing with…
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The Ontario Court of Appeal allowed Melissa George’s appeal from a second degree murder conviction, ordered a new trial, and found key jury instructions were inadequate.
The joint submission for life with 13 years parole ineligibility is accepted because it falls within the established sentencing range for comparable offences (12–15 years) and appropriately balances the aggravating features (extreme brutality, opportunity to cease, ongoing violent sexual preoccupations, prior convictions) with mitigating factors (Gladue background, genuine remorse, guilty plea, rehabilitation efforts); acceptance does not undermine the administration of justice under Anthony‑Cook.
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The trial judge who heard the evidence must make the factual findings essential to the jury's guilty verdict under s.724(2)(a) and may make other relevant findings under s.724(2)(b); sentencing may be bifurcated into a fact-finding stage by the trial judge and a later sentencing stage before another judge pursuant to s.669, provided no unfair prejudice to the accused results; the judge exercised that authority and set out the essential facts the jury must have found.
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The court accepted the joint Crown‑defence recommendation and set parole ineligibility at ten years, commencing from arrest on August 16, 2023 (remand credited), because that period is within the ordinary and appropriate range given the offender's background, limited record, mitigating factors, the nature and circumstances of the offence, relevant precedents and the high threshold required to reject a negotiated joint submission under the public interest test.
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The court sentenced Charlene Alexander for second degree murder to life imprisonment with 10 years parole ineligibility, after weighing Gladue factors, remorse, and rehabilitation.
Sentence for second degree murder after jury conviction. The court held the missed s. 745.2 jury recommendation did not bar sentencing and imposed life imprisonment with 10 years parole ineligibility.
The trial judge did not commit reversible error: the hearsay caution regarding the deceased mother's ante mortem statements was appropriate in context and consistent with defence submissions and pre-charge discussions, and the sentencing judge lawfully treated the prior 18-year parole ineligibility as a persuasive precedent (not binding) and independently determined that 18 years was a fit period of parole ineligibility given the gravity of the offence and applicable sentencing principles.
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The court accepted the joint recommendation and set parole ineligibility at the statutory minimum of ten years given the offender's character, lack of record, spontaneous nature of the offence and parity with comparable cases; the sentencing judge has no jurisdiction to grant enhanced remand credit against a life sentence or against the parole ineligibility period, and the parole ineligibility period for this offender commences on his arrest date of October 11, 2024, with ancillary orders (primary DNA and lifetime firearms prohibition) imposed.
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