Homicide (Sentencing Cases)

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Murder

First Degree

Case Name Parole Inelig. Comments
R v Greenwood,
2012 NSSC 194 (CanLII)
life with 25 years
R v Morningstar,
2017 NBQB 7 (CanLII)
3 years (arson)
life with 25 years
The offender was also convicted of arson.

Second Degree - Generally

Case Name Parole Inelig. Comments
R v Baldwin,
2017 ONSC 5040 (CanLII)
12 years
R v Bernard,
2017 NSSC 29 (CanLII)
14 years
R v Mohamed,
2017 MBQB 64 (CanLII)
13 years
R v Gabriel,
2017 NSSC 90
13 years The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.
R v Tucker,
2017 NBQB 17 (CanLII)
14 years The offender was convicted of second degree murder of his mother.
R v Roy,
2016 NBQB 7 (CanLII)
16 years The offender stabbed his mother to death and then set the house on fire. He was 25 years old, and had a diagnosis of axiety and drug abuse. He had a long history of mental illness and drug addiction. He had a prior record for violence.
R v Ostamas,
2016 MBQB 136 (CanLII)
75 years The offender was convicted of three counts of second degree murder. He strangled two persons to death and beat another to death with a piece of lumber. All victims were homeless persons. Crown and defence had a joint agreement on s. 745.51 applying to order three consecutive sentences of 25 years each. [Per Toews SCJ]
R v Ryan,
2015 ABCA 286 (CanLII)
17 years The offender was as drug dealer and shot one of his sellers when the victim stole some of his drugs and vehicle. He hid the body is the woods. He was 29 years old.
R v Scott
2014 NBQB 146 (CanLII)
15 years The offender was plead guilty to killing an 82 year old woman. The victim helped him by driving him to her home where the offender hit her in the head with a hammer 19 times. He tried to make the murder scene look liek a sexual assault. He was 19 years old with a history of mental illness.
R v Borbely,
2013 ONSC 3355 (CanLII)
17 years
R v Chareka
2013 NSSC 320 (CanLII)
13 years stabbing. No prior criminal record
R v Neville,
2013 CanLII 13601 (NL SCTD)
12 years stabbing
R v Jiminez-Acosta,
2013 ONSC 5524 (CanLII)
13 years The offender was convicted of murder. He got into an argument with the victim when she told him she was leaving him. He beat and stabbed her. The offender tried to cover up evidence and mislead the investigators. He had no prior criminal record.
R v Hardy,
2012 NSSC 209 (CanLII)
14 years offender had a prior record involving violence. He was mentally ill. He confessed and was remorseful.
R v Ward,
2011 NSCA 78 (CanLII)
13 years
R v Belcourt
2012 BCSC 1844 (CanLII)
17 years
R v Dahr
2012 ONCA 433 (CanLII)
15 years
R v Blandon
2012 ONSC 3864 (CanLII)
12 years
R v Hardy
2012 NSSC 209 (CanLII)
14 years
R v Jojic
2012 BCCA 101 (CanLII)
13 years
R v Hall
2011 ONSC 7281 (CanLII)
14 years
R v Boudreau,
2009 NSSC 30 (CanLII)
20 years Offender killed her 12 year old child as she was an obstacle to her relationship. Evidence suggesting planning and deliberation. Sentence meant to show this was close to a first degree murder. Joint recommended sentence.
R v Worm
[2009] S.J. No. 197, 2009 SKQB 122 (CanLII)
16 years offender and friends broke into victim's residence to rob them. Offender shot victim in front of family members including 14 year old. Offender was 23 year old aboriginal with an extensive record.
R v Danvers
2005 CanLII 30044 (ON CA), [2005] O.J. No. 3532 (ONCA)
15 years offender was convicted of second degree murder for shooting a student in a nightclub. Offender was 19 years old with a lengthy criminal record.
R v Thackeray
[2004] O.J. No. 5866
11 years offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.
R v Cook
[2003] BCJ No. 1246, 2003 BCCA 326 (CanLII)
15 years convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.
R v Smith
(1986), 72 N.S.R. (2d) 359 (AD)
20 years lengthy criminal record

Second Degree - Domestic

Case Name Parole Inelig. Comments
R v Johnson,
2016 NSSC 297
20 years and 17 years Johnson murdered his ex-partner by beating her with a tire iron. The victim survived the initial beating. MacDonald obtained a knife for Johnston to cut her throat. Both offenders pleaded guilty to second degree murder.
R v Rushton,
2016 NSSC 313 (CanLII)
18 years The offender murdered his common law partner and her adult daughter from another relationship. [per Wood J]
R v Toews,
2015 ABCA 167 (CanLII)
10 years
R v Irving,
2015 NBQB 70 (CanLII)
12 years The offender strangled his wife to death while one of their children was upstairs. It was motivated by jealousy. He hid her body but eventually reported it to the police.
R v Hutchinson,
2014 NSSC 155
21 years Offender stabbed domestic partner to death. Lengthy prior record and was on a conditional sentence order at the time. Plead guilty. There were two young children of the relationship. He stated he had little remorse. Judge found he was in a position of trust.
R v Hales,
2013 NSSC 408 (CanLII)
17 years The offender pleaded guilty to second degree murder. He stabbed in wife to death. The sentence was jointly recommended.
R v Borbely,
[2013] O.J. No. 2593, 2013 ONSC 3355 (CanLII)
17 years Offender found guilty of second degree murder of common law wife by beating her. Offender had no record, good employment, and positive involvement with children. The case was circumstantial where the victim disappeared and then was found dismembered in crates which was discovered years later.
R v Purdy,
[2012] BCJ No. 1245, 2012 BCCA 272 (CanLII)
19 years Offender convicted for second degree murder of ex-wife by stabbing her 21 times in an ambush. There were several incidents of violence betwee the offender and the wife's new partner. He believed victim was atttempting to get between him and his children. The killing was done with "forethought". No record and of good character.
R v Panghali,
2011 BCSC 421 (CanLII)
15 years The offender strangled his pregnant wife to death and then burned her body on a beach. He made comments to police suggesting that her family may have been responsible.
R v Getson,
2011 NBQB 51 (CanLII)
20 years Offender plead guilty to second degree murder of wife. Offender attacked wife in front of a tanning salon in front of witnesses. Some evidence of planning were present. Offender confessed to his sister of stabbing the victim 14 or 15 times. Autopsy showed 28 stab wounds to the body. Joint recommendation.
R v Hindessa,
[2009] OJ No. 6412
18 years Offender convicted of second degree murder of his girlfriend by stabbing her 10 times while she was lying on a bed. Offender had diagnosis of PTSD and was known for violence, jealousy, and alcohol abuse. There were prior allegations of violence between victim and offender. There was evidence of stabs occurring after death.
R v White,
2009 NLTD 99 (CanLII)
17 years Offender plead guilty to second degree murder of common law partner by strangling her to death after an argument about fidelity. Offender dismembered the body in his bathtub and discarded the parts. Victim left two children.
R v Legge,
2005 NLTD 156 (CanLII)
18 years Offender plead guilty to second degree murder of ex-common law partner. Relationship broke up after offender assaulted victim and was convicted for it. They got back together briefly before murder. Offender accused victim of infidelity, she broke up with him. Offender broke into victim's home and beat her to death with a metal rod. He gave a inculpatory statement, stating he was not remorseful.
R v Johnson (WD)
(2004), 225 N.S.R. (2d) 22 (C.A.)
21 years Offender murdered his girlfriend and her child. He was 25 years old and had prior record including violence against the victim.
R v Johnson,
2001 NSSC 119 (CanLII)
21 years The offender murdered his romantic partner and her child.
R v KWM,
2003 BCCA 688 (CanLII)
20 years The offender murdered his wife and mother-in-law.
R v Franz,
2000 BCSC 508 (CanLII)
17 years Offender convicted of second degree murder of spouse during separation. Offender strangled spouse to death and dismembered the victim's body and the parts were hidden. Offender had no record of violence. Some evidence of planning and deliberation, but not beyond reasonable doubt. Judge said offence was "not spur of the moment" killing.
R v McKnight,
[1999] O.J. No. 1321
17 years Offender was a doctor and lawyer who stabbed wife. Attack was over 10 to 15 minutes. Suffered from depression at time of offence.
R v Assoun,
1999 CanLII 2819 (NS SC)
18.5 years The offender was convicted at trial of murdering his ex-partner. He "stabbed and/or slit her throat and killed her with one of these throat wounds which pierced a vein". The offender and victim were in an on/off relationship and had only just broken up at the time of her murder. The sentence was jointly recommended.
R v Wristen,
1999 CanLII 3824 (ON CA)
17 years Convicted on circumstantial case. Victim went missing and body never found. Victim's blood splatter found in house.
R v Beamish,
1996 CanLII 3735 (PE SCTD)
18 years charged with first degree, convicted of second degree of murder of common law partner. Offender tied up victim with rope, beat her to death and then concealed her remains. Circumstances of murder were "horrific" and "brutal". It was not a "spur of the moment" offence. Offender had prior record. Appeal dismissed.
R v Francis
(1994), 127 NSR (2d) (NSCA)
20 years
R v Young (L.A.) (1993), 1993 CanLII 3272 (NS CA), 117 N.S.R. (2d) 166 (C.A.) 14 years The offender stabbed his wife over 14 times. The judge described it as "senseless" and "brutal".
R v Doyle,
[1991] NSJ No. 447, 108 N.S.R. (2d) 1 (NSCA)
17 years The offender shot wife while she laid on a bed sleeping. He was suffering from alcoholism and was upset over suspicions of infidelity. The two had three children of the relationship, one of whom died years before. Victim was 32 and the offender was 33 at the time.
R v Baillie
(1991), 1991 CanLII 2477 (NS CA), 107 N.S.R. (2d) 256 (C.A.)
17 years The offender strangled his wife with a rope and left her to die, locked in the basement.

Conspiracy to Commit

Case Name Sentence Summary
R v Belcourt,
2012 BCSC 527 (CanLII)
6 years
R v Gregson,
2017 ONCA 88 (CanLII)
12 years The offender hired two hitmen to kill his wife.

Filicide (Murder of Child by Parent)

Case Name Sentence Summary
R v Heller,
2014 ABCA 182 (CanLII)
18 years Father kills 2 year old child by blunt force trauma.
R v S.J.B.,
2013 ABCA 153 (CanLII)
13 years Mother kills one infant child and tried to kill a second

Young Offenders

Case Name Sentence Summary
R v FO,
2016 ONSC 7654 (CanLII)
life (7 years parole)

Manslaughter

Interference With Remains

Case Name Sentence Summary
R v Deren,
2017 ABCA 23 (CanLII)
2 years

See Also