Homicide (Sentencing Cases): Difference between revisions

@@ Line 9: / Line 9: @@
 {{SCase1|R v Greenwood, <br>[http://canlii.ca/t/frd0j 2012 NSSC 194] (CanLII){{perNSSC|Kennedy CJ}}  | life with 25 years | }}
-{{SCase1|R v Morningstar, <Br> [http://canlii.ca/t/gwvct 2017 NBQB 7] (CanLII){{perNBQB|Walsh J}} | 3 years (arson)<Br> life with 25 years| The offender was also convicted of [[Arson (Offence)|arson]]. }}
+{{SCase1|R v Morningstar, <br> [http://canlii.ca/t/gwvct 2017 NBQB 7] (CanLII){{perNBQB|Walsh J}} | 3 years (arson)<br> life with 25 years| The offender was also convicted of [[Arson (Offence)|arson]]. }}
 {{SCaseEnd}}
@@ Line 18: / Line 18: @@
 {{SCase1|R v Nicholas, <br> [http://canlii.ca/t/hq27r 2018 ONSC 678] (CanLII){{perONSC|George J}} | 13 years | {{SummaryPending}} [per George SCJ]}}
-{{SCase1|R v Burwell, <Br>[http://canlii.ca/t/hpllk 2017 SKQB 375] (CanLII){{perSKQB|Danyliuk J}} | 16 years |  {{SummaryPending}}}}
+{{SCase1|R v Burwell, <br>[http://canlii.ca/t/hpllk 2017 SKQB 375] (CanLII){{perSKQB|Danyliuk J}} | 16 years |  {{SummaryPending}}}}
 {{SCase1|R v Baldwin,<br> [http://canlii.ca/t/h5xjr 2017 ONSC 5040] (CanLII){{perONSC|Lafrance-Cardinal J}} | 12 years | {{SummaryPending}} }}
@@ Line 24: / Line 24: @@
 {{SCase1|R v Bernard, <br> [http://canlii.ca/t/h3w48 2017 NSSC 129] (CanLII){{perNSSC|Gogan J}} | 14 years | {{SummaryPending}}  }}
-{{SCase1|R v Mohamed, <Br> [http://canlii.ca/t/h36hk 2017 MBQB 64] (CanLII){{perMBQB|Chartier J}} | 13 years |  {{SummaryPending}}}}
+{{SCase1|R v Mohamed, <br> [http://canlii.ca/t/h36hk 2017 MBQB 64] (CanLII){{perMBQB|Chartier J}} | 13 years |  {{SummaryPending}}}}
-{{SCase1|R v Gabriel, <Br> [http://canlii.ca/t/h376v 2017 NSSC 90] (CanLII){{perNSSC|Campbell J}} | 13 years | The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.}}
+{{SCase1|R v Gabriel, <br> [http://canlii.ca/t/h376v 2017 NSSC 90] (CanLII){{perNSSC|Campbell J}} | 13 years | The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.}}
-{{SCase1|R v Tucker, <Br> [http://canlii.ca/t/gxj9s 2017 NBQB 17] (CanLII){{perNBQB|Grant J}} | 14 years | The offender was convicted of second degree murder of his mother. }}
+{{SCase1|R v Tucker, <br> [http://canlii.ca/t/gxj9s 2017 NBQB 17] (CanLII){{perNBQB|Grant J}} | 14 years | The offender was convicted of second degree murder of his mother. }}
 {{SCase1|R v Roy,<br> [http://canlii.ca/t/gmt56 2016 NBQB 7] (CanLII){{perNBQB|DeWare J}} | 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.}}
@@ Line 34: / Line 34: @@
 {{SCase1|R v Ostamas, <br>[http://canlii.ca/t/gs9v4 2016 MBQB 136] (CanLII){{perMBQB|Toews J}} | 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] }}
-{{SCase1|R v Ryan, <Br> [http://canlii.ca/t/gl1sz 2015 ABCA 286] (CanLII){{perABCA|Picard JA}} (2:1) | 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. }}
+{{SCase1|R v Ryan, <br> [http://canlii.ca/t/gl1sz 2015 ABCA 286] (CanLII){{perABCA|Picard JA}} (2:1) | 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. }}
-{{SCase1|R v Scott <Br> [http://canlii.ca/t/g7hmz 2014 NBQB 146] (CanLII){{perNBQB|Morrison J}} | 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. }}
+{{SCase1|R v Scott <br> [http://canlii.ca/t/g7hmz 2014 NBQB 146] (CanLII){{perNBQB|Morrison J}} | 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. }}
 {{SCase1|R v Borbely,<br> [http://canlii.ca/t/fz36g 2013 ONSC 3355] (CanLII){{perONSC|Glass J}} | 17 years | {{SummaryPending}} }}
@@ Line 44: / Line 44: @@
 {{SCase1|R v Neville,<br> [http://canlii.ca/t/fwl6s 2013 CanLII 13601] (NL SCTD){{perNLSC|Thompson J}} | 12 years | stabbing  }}
-{{SCase1|R v Jiminez-Acosta, <Br> [http://canlii.ca/t/g0d7s 2013 ONSC 5524] (CanLII){{perONSC|AJ Goodman J}} | 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.}}
+{{SCase1|R v Jiminez-Acosta, <br> [http://canlii.ca/t/g0d7s 2013 ONSC 5524] (CanLII){{perONSC|AJ Goodman J}} | 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.}}
 {{SCase1|R v Hardy, <br>[http://canlii.ca/t/frjp8 2012 NSSC 209] (CanLII){{perNSSC|Wright J}} | 14 years | offender had a prior record involving violence. He was mentally ill. He confessed and was remorseful. }}
-{{SCase1|R v Ward,<Br> [http://canlii.ca/t/fn0kk 2011 NSCA 78] (CanLII){{perNSCA|Saunders J}} | 13 years |  {{SummaryPending}} }}
+{{SCase1|R v Ward,<br> [http://canlii.ca/t/fn0kk 2011 NSCA 78] (CanLII){{perNSCA|Saunders J}} | 13 years |  {{SummaryPending}} }}
 {{SCase1|R v Belcourt<br> [http://canlii.ca/t/fv603 2012 BCSC 1844] (CanLII){{perBCSC|Macaulay J}} | 17 years |  {{SummaryPending}}}}
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 {{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|Wood J}} | 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|Costigan JA}} | 10 years | }}
@@ Line 95: / Line 95: @@
 {{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 Panghali, <Br> [http://canlii.ca/t/fl8xn 2011 BCSC 421] (CanLII){{perBCSC|Holmes J}} | 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. }}
+{{SCase1|R v Panghali, <br> [http://canlii.ca/t/fl8xn 2011 BCSC 421] (CanLII){{perBCSC|Holmes J}} | 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. }}
-{{SCase1|R v Getson,<Br> [http://canlii.ca/t/2fs66 2011 NBQB 51] (CanLII){{perNBQB|McLellan J}} | 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. }}
+{{SCase1|R v Getson,<br> [http://canlii.ca/t/2fs66 2011 NBQB 51] (CanLII){{perNBQB|McLellan J}} | 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. }}
-{{SCase1|R v Hindessa,<Br> [2009] OJ No. 6412{{NOCANLII}} | 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. }}
+{{SCase1|R v Hindessa,<br> [2009] OJ No. 6412{{NOCANLII}} | 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. }}
 {{SCase1|R v White, <br> [http://canlii.ca/t/2476b 2009 NLTD 99] (CanLII){{perNLSC|Adams J}} | 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. }}
@@ 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|Wright J}} | 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|Hall JA}} | 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|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] 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.}}
 {{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.}}
+{{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.}}
-{{SCase1|R v Francis <Br>[http://canlii.ca/t/1mqxr 1994 CanLII 4164] (NS CA), (1994), 127 NSR (2d) (NSCA){{perNSCA|Jones JA}} | 20 years | }}
+{{SCase1|R v Francis <br>[http://canlii.ca/t/1mqxr 1994 CanLII 4164] (NS CA), (1994), 127 NSR (2d) (NSCA){{perNSCA|Jones JA}} | 20 years | }}
 {{SCase1|R v Young (L.A.) (1993), [http://canlii.ca/t/1mrs9 1993 CanLII 3272] (NS CA), 117 N.S.R. (2d) 166 (C.A.){{perNSCA|Freeman JA}}| 14 years | The offender stabbed his wife over 14 times. The judge described it as "senseless" and "brutal". }}
@@ Line 127: / Line 127: @@
 {{SCase1|R v Doyle,<br> [1991] NSJ No. 447, 108 N.S.R. (2d) 1 (NSCA){{NOCANLII}}|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.}}
-{{SCase1|R v Baillie <Br>(1991), [http://canlii.ca/t/1mrvs 1991 CanLII 2477] (NS CA), 107 N.S.R. (2d) 256 (C.A.){{perNSCA|Matthews JA}}| 17 years |The offender strangled his wife with a rope and left her to die, locked in the basement. }}
+{{SCase1|R v Baillie <br>(1991), [http://canlii.ca/t/1mrvs 1991 CanLII 2477] (NS CA), 107 N.S.R. (2d) 256 (C.A.){{perNSCA|Matthews JA}}| 17 years |The offender strangled his wife with a rope and left her to die, locked in the basement. }}
 {{SCaseEnd}}
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 {{SCaseHeader}}
-{{SCase1|R v Deren, <Br>[http://canlii.ca/t/gx02p 2017 ABCA 23] (CanLII){{perABCA|Rowbotham JA}} | 2 years |  }}
+{{SCase1|R v Deren, <br>[http://canlii.ca/t/gx02p 2017 ABCA 23] (CanLII){{perABCA|Rowbotham JA}} | 2 years |  }}

Revision as of 07:51, 13 January 2019

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