Canada Case Law

R. v. Nguyen

Court

Supreme Court of British Columbia

Because the offences involved planned, deliberate and coordinated attacks with intent to kill multiple victims, the mandatory life sentence with 25 years' parole ineligibility applies to the first‑degree murder convictions and life sentences are fit and proportionate for the attempted murders in the circumstances; mandatory ancillary orders for DNA sampling and lifetime weapons prohibition follow from the Criminal Code provisions cited.

Source excerpt

• First-degree murder
• Attempted murder
• Life imprisonment
• Parole ineligibility
• Ancillary orders
• Dna national data bank

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R. v. Rashid

Court

Supreme Court of British Columbia

Sentencing oral reasons in a second degree murder case. The court imposed life imprisonment with 12 years’ parole ineligibility, plus mandatory weapons and DNA orders.

• Parole ineligibility
• Life imprisonment
• Rehabilitation
• Dangerousness
• Aggravating and mitigating factors
• Second-degree-murder

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R. v. Brittain

Court

Supreme Court of British Columbia

John Brittain pleaded guilty to four murders. The court imposed life sentences on all counts, with 15 years parole ineligibility for the second-degree murder and 25 years for each first-degree murder, all concurrent.

• Consecutive versus concurrent parole ineligibility
• Life imprisonment
• Mandatory minimum parole periods
• Mitigating and aggravating factors
• Victim impact statements
• Ancillary orders (dna, weapons ban, forfeiture)

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R. v. Souvannarath

Court

Nova Scotia Court of Appeal

The Court held the sentencing judge made no legal error: terrorism sentencing cases were properly used as closely comparable authorities because the objective was indiscriminate mass killing; the judge did not treat lack of remorse as an independent aggravating factor but as a significant indicator of present and future dangerousness; differences between the appellant and co‑conspirator justified parity disparity; and, applying the Criminal Code principles and deferential standard of review, the life sentence was not demonstrably unfit and therefore must be affirmed.

Source excerpt

• Life imprisonment
• Conspiracy to commit murder
• Comparators in sentencing
• Parity
• Remorse and dangerousness
• Rehabilitation

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R. v. Cromwell

Court

Supreme Court of Nova Scotia

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.

Source excerpt

• Second degree murder
• Life imprisonment
• Parole ineligibility
• Jury recommendation
• Dna order
• Weapons prohibition

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R. v. Ellacott

Court

Court of Appeal for Ontario

The presumption of diminished moral blameworthiness was rebutted by the extreme gravity, planning and circumstances of the offence; although the sentencing judge erred in treating the appellant's testimony and denial of guilt as aggravating, that error was incidental and had no impact on the ultimate conclusion that only an adult sentence would achieve appropriate accountability, therefore the adult life sentence with seven years parole ineligibility and lifetime supervision was proportionate and must be upheld.

Source excerpt

• Youth sentencing
• Adult sentence
• Life imprisonment
• Parole ineligibility
• Presumption of diminished moral blameworthiness
• Rehabilitation and reintegration

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R. v. Sandeson

Court

Supreme Court of Nova Scotia

The judge applied s.724(2) to accept facts consistent with the jury verdict, and under s.235 and s.745 imposed the mandatory life sentence with 25 years parole ineligibility; ancillary orders (primary DNA order and 10-year weapons prohibition) were authorized under s.109; pre-sentence custody of 693 days was calculated under s.746.

Source excerpt

• First degree murder
• Life imprisonment
• Parole ineligibility
• Pre-sentence custody calculation
• Dna order
• Weapons prohibition

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R. v. Taylor

Court

Supreme Court of British Columbia

On sentencing for second degree murder, the court imposed life imprisonment with parole ineligibility for 12 years, considering aggravating factors and limited weight to the Gladue report.

• Second degree murder
• Parole ineligibility under s.745.4
• Gladue factors
• Sentencing principles
• Life imprisonment
• Second-degree-murder

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R. v. Leggette

Court

Supreme Court of Nova Scotia

The court sentenced both accused to life imprisonment. Leggette, having pleaded to first degree murder and being the principal and planner of the killing, was sentenced to life with no eligibility for parole until 25 years from his arrest date (February 18, 2014), and was subject to a primary DNA order and a 10-year weapons prohibition. Henneberry, whose role was accepted as secondary and who entered a negotiated guilty plea, was sentenced to life with no eligibility for parole until 10 years from her arrest date (February 18, 2014), and was subject to a primary DNA order and a 10-year weapon…

Source excerpt

• First degree murder
• Second degree murder
• Parole ineligibility
• Life imprisonment
• Negotiated guilty plea
• Victim impact

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R. v. Surette

Court

Supreme Court of Nova Scotia

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.

Source excerpt

• Second degree murder
• Life imprisonment
• Eligibility for parole
• Joint submission
• Aggravating and mitigating factors
• Victim impact

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