Homicide (Sentencing Cases): Difference between revisions

@@ Line 81: / Line 81: @@
 {{SCase1|R v Johnson,<br> [http://canlii.ca/t/gvnpk 2016 NSSC 297] (CanLII){{perNSSC|Duncan J}} | 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.}}
-{{SCase1|R v Rushton, <Br>[http://canlii.ca/t/gvn19 2016 NSSC 313] (CanLII){{perNSSC|}} | 18 years | The offender murdered his common law partner and her adult daughter from another relationship. [per Wood J]}}
+{{SCase1|R v Rushton, <Br>[http://canlii.ca/t/gvn19 2016 NSSC 313] (CanLII){{perNSSC|Wood J}} | 18 years | The offender murdered his common law partner and her adult daughter from another relationship. [per Wood J]}}
-{{SCase1|R v Toews,<br> [http://canlii.ca/t/gj0df 2015 ABCA 167] (CanLII){{perABCA|}} | 10 years | }}
+{{SCase1|R v Toews,<br> [http://canlii.ca/t/gj0df 2015 ABCA 167] (CanLII){{perABCA|Costigan JA}} | 10 years | }}
-{{SCase1|R v Irving, <br> [http://canlii.ca/t/gh5cg 2015 NBQB 70] (CanLII){{perNBQB|}} | 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. }}
+{{SCase1|R v Irving, <br> [http://canlii.ca/t/gh5cg 2015 NBQB 70] (CanLII){{perNBQB|Grant J}} | 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. }}
 {{SCase1|R v Hutchinson,<br> [http://canlii.ca/t/g6pwr 2014 NSSC 155] (CanLII){{perNSSC|Cacchione J}} | 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.  }}
@@ Line 91: / Line 91: @@
 {{SCase1|R v Hales,<br>[http://canlii.ca/t/gf9qz 2014 NSSC 408] (CanLII){{perNSSC|Duncan J}} | 17 years | The offender pleaded guilty to second degree murder. He stabbed in wife to death. The sentence was jointly recommended. }}
-{{SCase1|R v Borbely,<br> [2013] O.J. No. 2593, [http://canlii.ca/t/fz36g 2013 ONSC 3355] (CanLII){{perONSC|}}|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.   }}
+{{SCase1|R v Borbely,<br> [2013] O.J. No. 2593, [http://canlii.ca/t/fz36g 2013 ONSC 3355] (CanLII){{perONSC|Glass J}}|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.   }}
 {{SCase1|R v Purdy, <br>[2012] BCJ No. 1245, [http://canlii.ca/t/frsf7 2012 BCCA 272] (CanLII){{perBCCA|MacKenzie JA}} | 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. }}
@@ Line 107: / Line 107: @@
 {{SCase1|R v Johnson (WD)<br>[http://canlii.ca/t/1hjwq 2004 NSCA 91] (CanLII), (2004), 225 N.S.R. (2d) 22 (C.A.){{perNSCA|Oland JA}}| 21 years | Offender murdered his girlfriend and her child. He was 25 years old and had prior record including violence against the victim.}}
-{{SCase1|R v Johnson, <Br> [http://canlii.ca/t/4tx9 2001 NSSC 119] (CanLII){{perNSSC|}} | 21 years | The offender murdered his romantic partner and her child. }}
+{{SCase1|R v Johnson, <Br> [http://canlii.ca/t/4tx9 2001 NSSC 119] (CanLII){{perNSSC|Wright J}} | 21 years | The offender murdered his romantic partner and her child. }}
-{{SCase1|R v KWM, <Br> [http://canlii.ca/t/1g2x5 2003 BCCA 688] (CanLII){{perBCCA|}} | 20 years |The offender murdered his wife and mother-in-law. }}
+{{SCase1|R v KWM, <Br> [http://canlii.ca/t/1g2x5 2003 BCCA 688] (CanLII){{perBCCA|Hall JA}} | 20 years |The offender murdered his wife and mother-in-law. }}
-{{SCase1|R v Franz,<Br>[http://canlii.ca/t/1fn1w 2000 BCSC 508] (CanLII){{perBCSC|}} | 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. }}
+{{SCase1|R v Franz,<Br>[http://canlii.ca/t/1fn1w 2000 BCSC 508] (CanLII){{perBCSC|Edwards J}} | 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. }}
-{{SCase1|R v McKnight,<br> [http://canlii.ca/t/1f9fp 1999 CanLII 3717] (ON CA), [1999] O.J. No. 1321{{perONCA|}} | 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. }}
+{{SCase1|R v McKnight,<br> [http://canlii.ca/t/1f9fp 1999 CanLII 3717] (ON CA), [1999] O.J. No. 1321{{perONCA|Laskin JA}} (2:1) | 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. }}
-{{SCase1|R v Assoun, <Br> [http://canlii.ca/t/1f15x 1999 CanLII 2819] (NS SC){{perNSSC|}} | 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.}}
+{{SCase1|R v Assoun, <Br> [http://canlii.ca/t/1f15x 1999 CanLII 2819] (NS SC){{perNSSC|Hood J}} | 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.}}
-{{SCase1|R v Wristen, <br> [http://canlii.ca/t/1f9wv 1999 CanLII 3824] (ON CA){{perONCA|}} | 17 years | Convicted on circumstantial case. Victim went missing and body never found. Victim's blood splatter found in house.  }}
+{{SCase1|R v Wristen, <br> [http://canlii.ca/t/1f9wv 1999 CanLII 3824] (ON CA){{perONCA|Laskin and Rosenberg JJA}} | 17 years | Convicted on circumstantial case. Victim went missing and body never found. Victim's blood splatter found in house.  }}
 {{SCase1|R v Beamish, <Br>[http://canlii.ca/t/1c91f 1996 CanLII 3735] (PE SCTD){{perPEISC|Jenkins J}} | 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.}}

Revision as of 15:36, 29 November 2018

Murder

First Degree

Second Degree - Generally

Second Degree - Domestic

Conspiracy to Commit

Filicide (Murder of Child by Parent)

Young Offenders

Manslaughter

Interference With Remains

See Also