Homicide (Sentencing Cases): Difference between revisions

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 {{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]]. }}
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+; Multiple Murders
+{{SCaseMurderHeader}}
+{{SCase1|''R v McArthur'', <br>[http://canlii.ca/t/hxg6g 2019 ONSC 963] (CanLII){{perONSC|McMahon J}} | life with 25 years | }}
+{{SCase1|''R v Vuozzo'',<br> 2015 PESC 14 (CanLII){{LinkNeeded}} | life with 35 years | "...an individual who was 46 years of age. He pleaded guilty to one count of first degree murder and one count of second degree murder. In 2014, the accused drove to the apartment of relatives of a deceased impaired driver who had killed the accused’s sister back in 1970. The accused went to the apartment for the specific purpose of killing one of those relatives. When he encountered a second male in the apartment, he also intentionally shot and killed the second man. The accused pleaded guilty to one count of first degree murder and one count of second degree murder. The Crown suggested that the court should impose 25 year periods of parole ineligibility, to be served consecutively for a global period of 50 years. This would make the accused 96 years of age when he could apply for parole."}}
+{{SCase1|''R v Ostamas'',<br> 2016 MBQB 136 (CanLII), 329 Man. R. (2d) 203{{LinkNeeded}} | life with 75 years | "an accused who, over a two week period, killed three homeless people for no apparent reason. The first two victims died of blunt force trauma, and the last victim died of blunt force trauma and ligature strangulation. There was evidence that the accused had mental health problems. He was charged with three counts of second degree murder. There was a joint submission that the accused should not only receive the maximum period of parole ineligibility of 25 years on each count, but also that the three counts should run consecutive, hence equaling 75 years. The accused was 40 years of age when he committed these offences." }}
+{{SCase1|''R v  WGC'',<br> 2015 ABQB 252 (CanLII){{LinkNeeded}} | life with 35 years | When the accused "was 22 years of age, he started having repeated sexual intercourse and oral sex with a young child right through until she became pregnant with his child at age 15. The accused then decided that he would kill the 15 year olds mother. He planned in a deliberate fashion to go over to the residence one morning after obtaining a key from the child he sexually abused. He hunted down the mother and repeatedly stabbed her in the presence of one of her other children, who was only five years of age. He then hunted down the five year old and killed him as well. The accused then staged the entire scene to make it look like there had been a struggle with others. He then took the victim’s car. He came up with an elaborate plan to set up a third person as the potential killer." He "pleaded guilty to the first degree murder of the mother, the included offence of second degree murder of the five year old child and the third count of sexual touching in relation to the child victim. There was a joint submission put before the court of making the parole ineligibility on the count of second degree murder ten years, and having the periods run consecutively. Hence, the joint submission, which was accepted, resulted in a period of 35 years of parole ineligibility, which would allow the accused to apply for parole at 61 years of age." }}
+{{SCase1|''R v Bourque'',<br> 2014 NBQB 237 (CanLII), 15 C.R. (7th) 52{{LinkNeeded}} | life and 75 years | "the accused pleaded guilty to three counts of first degree murder and two counts of attempted murder using a firearm. In June of 2014, the 24 year old accused planned on killing RCMP police officers. He armed himself with two firearms and a supply of ammunition. The court found that there was strong pre-meditation. The three killings and two attempted killings took place in a little over 20 minutes. The Crown sought three consecutive 25 year periods of parole ineligibility. The defence also submitted that there should be two consecutive periods of parole ineligibility totaling 50 years. The Court found that general deterrence and denunciation must be paramount to deter others from seeking to kill law officers in the execution of their duty. The accused received 75 year parole ineligibility. He could apply at 99 years of age." }}
+{{SCase1|''R v Baumgartner'',<br> 2013 ABQB 761 (CanLII), 578 A.R. 87 {{LinkNeeded}}| | "the accused had been employed with an armoured car company. He planned a robbery to steal over $400,000, and part of his plan would be the deliberate execution of some of his fellow armed security guards. The accused was initially charged with three counts of first degree murder and one count of attempted murder. With the consent of the Crown, the accused pleaded guilty to the one count of first degree murder and two counts of second degree murder and lastly, a count of attempted murder. The accused, taking advantage of the trust of his fellow security guards, took his pistol and shot two of them in the back of the head. A third was also shot. He then proceeded to approach the driver and shoot him dead as well. There was a joint submission by experienced counsel that a total period of parole ineligibility of 40 years would be appropriate. The court accepted the joint submission." }}
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Revision as of 22:33, 12 February 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