Homicide (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
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{{SCase1|R v Worm<br> [2009] S.J. No. 197, [http://canlii.ca/t/232sb 2009 SKQB 122] (CanLII){{perSKQB|Dawson J}}| 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.}}
{{SCase1|R v Worm<br> [2009] S.J. No. 197, [http://canlii.ca/t/232sb 2009 SKQB 122] (CanLII){{perSKQB|Dawson J}}| 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.}}


{{SCase1|R v Danvers<br> [http://canlii.ca/t/1lhd0 2005 CanLII 30044] (ON CA), [2005] O.J. No. 3532 (ONCA){{perONCA|Armstrong JA}} | 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.}}
{{SCase1|R v Danvers<br> [http://canlii.ca/t/1lhd0 2005 CanLII 30044] (ON CA), [2005] OJ No 3532 (ONCA){{perONCA|Armstrong JA}} | 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.}}


{{SCase1|R v Thackeray<br> [2004] O.J. No. 5866{{NOCANLII}}| 11 years | offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.}}
{{SCase1|R v Thackeray<br> [2004] OJ No 5866{{NOCANLII}}| 11 years | offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.}}


{{SCase1|R v Cook<br> [2003] BCJ No. 1246, [http://canlii.ca/t/59s7 2003 BCCA 326] (CanLII){{perBCCA|Esson JA}} | 15 years | convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.}}
{{SCase1|R v Cook<br> [2003] BCJ No. 1246, [http://canlii.ca/t/59s7 2003 BCCA 326] (CanLII){{perBCCA|Esson JA}} | 15 years | convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.}}
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{{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 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|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 Borbely,<br> [2013] OJ 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. }}
{{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. }}
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{{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 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|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 McKnight'',<br> [http://canlii.ca/t/1f9fp 1999 CanLII 3717] (ON CA), [1999] OJ 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|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 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.}}

Revision as of 01:32, 13 January 2019

Murder

First Degree

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Second Degree - Generally

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Case Name Parole Inelig. Comments

Second Degree - Domestic

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Conspiracy to Commit

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Filicide (Murder of Child by Parent)

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Young Offenders

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Manslaughter

Interference With Remains

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See Also