Attempted Murder (Sentencing Cases): Difference between revisions

From Criminal Law Notebook
m Text replacement - "(R v [A-Z][a-z]+ [A-Z][a-z]+)," to "''$1'',"
m Text replacement - "(R v [A-Z][a-z]+)<br>" to "''$1''<br>"
Line 22: Line 22:
{{SCase1|''R v Pyke'',<br> [http://canlii.ca/t/fxcw6 2013 NSCA 61] (CanLII){{perNSCA|MacDonald CJ}} | 5 years | victim stabbed several times by a gang of offenders.}}
{{SCase1|''R v Pyke'',<br> [http://canlii.ca/t/fxcw6 2013 NSCA 61] (CanLII){{perNSCA|MacDonald CJ}} | 5 years | victim stabbed several times by a gang of offenders.}}


{{SCase1|R v Bulat<br>[http://canlii.ca/t/g01g2 2013 ONSC 4513] (CanLII){{perONSC|Bondy J}} | 6 months | The offender struck the victim with a motor vehicle out of jealousy over a relationship. He was of frail physical health. }}
{{SCase1|''R v Bulat''<br>[http://canlii.ca/t/g01g2 2013 ONSC 4513] (CanLII){{perONSC|Bondy J}} | 6 months | The offender struck the victim with a motor vehicle out of jealousy over a relationship. He was of frail physical health. }}


{{SCase1|''R v Carelse'',<br> [http://canlii.ca/t/fvz5h 2013 SKQB 15] (CanLII){{perSKQB|Danyliuk J}} | 16 years | attempted to kill wife}}
{{SCase1|''R v Carelse'',<br> [http://canlii.ca/t/fvz5h 2013 SKQB 15] (CanLII){{perSKQB|Danyliuk J}} | 16 years | attempted to kill wife}}


{{SCase1|R v Vukaj<br> [http://canlii.ca/t/fvq5q 2013 BCSC 79] (CanLII){{perBCSC|Griffin J}} | attempt (14yrs)<br> B&E (5 years)<br> dangerous op. of MV (10 months)<br> uttering threats(1 year)<br> global (14 years) |  }}
{{SCase1|''R v Vukaj''<br> [http://canlii.ca/t/fvq5q 2013 BCSC 79] (CanLII){{perBCSC|Griffin J}} | attempt (14yrs)<br> B&E (5 years)<br> dangerous op. of MV (10 months)<br> uttering threats(1 year)<br> global (14 years) |  }}


{{SCase1| R v Blandon <br> [http://canlii.ca/t/frvkj 2012 ONSC 3864] (CanLII){{perONSC|Nordheimer J}} | 10 years | stabbing; also convicted of 2nd degree murder}}
{{SCase1| R v Blandon <br> [http://canlii.ca/t/frvkj 2012 ONSC 3864] (CanLII){{perONSC|Nordheimer J}} | 10 years | stabbing; also convicted of 2nd degree murder}}


{{SCase1|R v Smith<br> 2012 NSCA 37{{NOCANLII}} |14 years|The offender was 17 1/2 years old at the time but was sentenced as an adult. At the request of an associate,He shot the victim I point-blank range in the chest. The victim survive but became a paraplegic. He had numerous health problems and a shorter life expectancy. The offender had a lengthy criminal record and a negative psychiatric profile.}}
{{SCase1|''R v Smith''<br> 2012 NSCA 37{{NOCANLII}} |14 years|The offender was 17 1/2 years old at the time but was sentenced as an adult. At the request of an associate,He shot the victim I point-blank range in the chest. The victim survive but became a paraplegic. He had numerous health problems and a shorter life expectancy. The offender had a lengthy criminal record and a negative psychiatric profile.}}


{{SCase1| R v Boissonneault<br> [http://canlii.ca/t/fr8bz 2012 MBCA 40] (CanLII){{perMBCA|Monnin JA}} | 14 years |The offender shot victim while he was in a cab. He had an animus towards the victim and had been consuming a lot of alcohol and drugs the days before the shooting.
{{SCase1| ''R v Boissonneault''<br> [http://canlii.ca/t/fr8bz 2012 MBCA 40] (CanLII){{perMBCA|Monnin JA}} | 14 years |The offender shot victim while he was in a cab. He had an animus towards the victim and had been consuming a lot of alcohol and drugs the days before the shooting.
Sentence reduced from 17 years.}}
Sentence reduced from 17 years.}}


{{SCase1|''R v John Brook'',<br> [http://canlii.ca/t/fppfd 2012 ONSC 184] (CanLII){{perONSC|Sosna J}} | 16 years | Offender shot victim over a drug debt. Offender was a drug dealer with an extensive record including violence.}}
{{SCase1|''R v John Brook'',<br> [http://canlii.ca/t/fppfd 2012 ONSC 184] (CanLII){{perONSC|Sosna J}} | 16 years | Offender shot victim over a drug debt. Offender was a drug dealer with an extensive record including violence.}}


{{SCase1| R v Sulek<br>  [http://canlii.ca/t/fnmb0 2011 ABPC 314] (CanLII){{perABPC|Lamoureux J}} | 2 years |}}
{{SCase1| ''R v Sulek''<br>  [http://canlii.ca/t/fnmb0 2011 ABPC 314] (CanLII){{perABPC|Lamoureux J}} | 2 years |}}


{{SCase1| R v Chevers<br> [http://canlii.ca/t/fmvw7 2011 ONCA 569] (CanLII){{TheCourtONCA}} | 15 years |The offender shot at the victim twice in public and missed. There was evidence of premeditation. The offender was 24 years old. Sentence of 15 years affirmed.}}
{{SCase1| ''R v Chevers''<br> [http://canlii.ca/t/fmvw7 2011 ONCA 569] (CanLII){{TheCourtONCA}} | 15 years |The offender shot at the victim twice in public and missed. There was evidence of premeditation. The offender was 24 years old. Sentence of 15 years affirmed.}}


{{SCase1| R v Marriott<br> [http://canlii.ca/t/fnqpv 2011 NSSC 414] (CanLII){{perNSSC|Coady J}} | 15 years | joint recommendation}}
{{SCase1| ''R v Marriott''<br> [http://canlii.ca/t/fnqpv 2011 NSSC 414] (CanLII){{perNSSC|Coady J}} | 15 years | joint recommendation}}


{{SCase1|R v Leblanc<br>[http://canlii.ca/t/fm27b 2011 NSCA 60] (CanLII){{perNSCA|Fichaud J}} |16 years|The offender was a member of a rival gang, he chased down the victim and fired a handgun a number of times. The victim was struck twice but survived.  The offender had a lengthy criminal record.}}
{{SCase1|''R v Leblanc''<br>[http://canlii.ca/t/fm27b 2011 NSCA 60] (CanLII){{perNSCA|Fichaud J}} |16 years|The offender was a member of a rival gang, he chased down the victim and fired a handgun a number of times. The victim was struck twice but survived.  The offender had a lengthy criminal record.}}


{{SCase1|R c Valentine-Remy,<br> [http://canlii.ca/t/fn1rn 2011 QCCQ 10060] (CanLII){{perQCCQ|Morin J}} | 9 years | Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive. }}
{{SCase1|R c Valentine-Remy,<br> [http://canlii.ca/t/fn1rn 2011 QCCQ 10060] (CanLII){{perQCCQ|Morin J}} | 9 years | Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive. }}
Line 51: Line 51:
{{SCase1|''R v KG'', <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII){{TheCourtONCA}} | 14 years | Sentence upheld. Offender attempted to murder ex-wife by driving over her. Offender plead guilty and was remorseful.}}
{{SCase1|''R v KG'', <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII){{TheCourtONCA}} | 14 years | Sentence upheld. Offender attempted to murder ex-wife by driving over her. Offender plead guilty and was remorseful.}}


{{SCase1| R v Situ<br>  [http://canlii.ca/t/2d05j 2010 ONCA 683] (CanLII){{TheCourtONCA}}  | 15 years | The offender was in a shooting at a pool hall. The victim was rendered quadrapalegic. The offender had a prior record. Sentence affirmed.}}
{{SCase1| ''R v Situ''<br>  [http://canlii.ca/t/2d05j 2010 ONCA 683] (CanLII){{TheCourtONCA}}  | 15 years | The offender was in a shooting at a pool hall. The victim was rendered quadrapalegic. The offender had a prior record. Sentence affirmed.}}


{{SCase1|''R v Truelove'', <br>[http://canlii.ca/t/2cn0p 2010 ONCA 608] (CanLII){{TheCourtONCA}} |13 years |Shooting at a nightclub.}}
{{SCase1|''R v Truelove'', <br>[http://canlii.ca/t/2cn0p 2010 ONCA 608] (CanLII){{TheCourtONCA}} |13 years |Shooting at a nightclub.}}
Line 59: Line 59:
{{SCase1|''R v Clarke'',<br> [http://canlii.ca/t/27qz6 2010 ONSC 656] (CanLII){{perONSC|Thorburn J}} |12.5 years|The offender shot the victim with a sawed-off shotgun at close range in front of a convenience store. The injuries were life-threatening. The offender had 4 prior convictions.}}
{{SCase1|''R v Clarke'',<br> [http://canlii.ca/t/27qz6 2010 ONSC 656] (CanLII){{perONSC|Thorburn J}} |12.5 years|The offender shot the victim with a sawed-off shotgun at close range in front of a convenience store. The injuries were life-threatening. The offender had 4 prior convictions.}}


{{SCase1| R v Smith<br>  [http://canlii.ca/t/28z6f 2010 ONCA 229] (CanLII){{perONCA|Sharpe JA}}  | 10 years | }}
{{SCase1| ''R v Smith''<br>  [http://canlii.ca/t/28z6f 2010 ONCA 229] (CanLII){{perONCA|Sharpe JA}}  | 10 years | }}


{{SCase1|''R v Brown'',<br> [http://canlii.ca/t/24gpx 2009 ONCA 563] (CanLII){{TheCourtONCA}}  |Life |The offender shot the victim 6 times in a parking lot at close range. The victim became paraplegic. The area of shooting was frequented by children. The attack was unprovoked. The offender was youthful. He had no record and had a young child. }}
{{SCase1|''R v Brown'',<br> [http://canlii.ca/t/24gpx 2009 ONCA 563] (CanLII){{TheCourtONCA}}  |Life |The offender shot the victim 6 times in a parking lot at close range. The victim became paraplegic. The area of shooting was frequented by children. The attack was unprovoked. The offender was youthful. He had no record and had a young child. }}
Line 87: Line 87:
{{SCase1|''R v Edwards'', <br> [http://canlii.ca/t/1fbx6 2001 CanLII 24105] (ON CA){{perONCA|Rosenberg JA}} | 8 years | The offender attempted to murder his common-law spouse. Joint recommendation. He turned himself in and expressed remorse.  The sentence of 8 years was considered "extremely lenient".}}
{{SCase1|''R v Edwards'', <br> [http://canlii.ca/t/1fbx6 2001 CanLII 24105] (ON CA){{perONCA|Rosenberg JA}} | 8 years | The offender attempted to murder his common-law spouse. Joint recommendation. He turned himself in and expressed remorse.  The sentence of 8 years was considered "extremely lenient".}}


{{SCase1| R v Joseph<br>  [http://canlii.ca/t/5k4t 2000 BCSC 1891] (CanLII){{perBCSC|Taylor J}} | 10 years | shooting between drug dealres}}
{{SCase1| ''R v Joseph''<br>  [http://canlii.ca/t/5k4t 2000 BCSC 1891] (CanLII){{perBCSC|Taylor J}} | 10 years | shooting between drug dealres}}
{{SCaseEnd}}
{{SCaseEnd}}


Line 95: Line 95:
{{SCase1| ''R v Denkers'',<br> [http://canlii.ca/t/6k0b 1994 CanLII 2660] (ON CA){{TheCourtONCA}} |15 years (attempt)| Sentence upheld. Offender stabbed ex-girlfriend several times and sexually assaulted her. Intended to kill. }}
{{SCase1| ''R v Denkers'',<br> [http://canlii.ca/t/6k0b 1994 CanLII 2660] (ON CA){{TheCourtONCA}} |15 years (attempt)| Sentence upheld. Offender stabbed ex-girlfriend several times and sexually assaulted her. Intended to kill. }}


{{SCase1| R v Gould<br> [1990] NSJ No. 109, [http://canlii.ca/t/1msp6 1990 CanLII 2432] (NS CA){{perNSCA|Matthews JA}} | 8 years | victim stabbed multiple times}}
{{SCase1| ''R v Gould''<br> [1990] NSJ No. 109, [http://canlii.ca/t/1msp6 1990 CanLII 2432] (NS CA){{perNSCA|Matthews JA}} | 8 years | victim stabbed multiple times}}


{{SCase1|''R v Cope'',<br> [http://canlii.ca/t/g8cxz 1987 CanLII 4729] (SK CA){{perSKCA|Cameron JA}} | 2 years less a day CSO | }}
{{SCase1|''R v Cope'',<br> [http://canlii.ca/t/g8cxz 1987 CanLII 4729] (SK CA){{perSKCA|Cameron JA}} | 2 years less a day CSO | }}

Revision as of 13:49, 13 January 2019