Homicide (Sentencing Cases): Difference between revisions

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 {{SCase1|''R v Nicholas'', <br> [http://canlii.ca/t/hq27r 2018 ONSC 678] (CanLII){{perONSC|George J}} | 13 years | {{SummaryPending}} }}
+{{SCase1|''R v Pernosky'', <br> 2018 BCSC 1252 (CanLII){{fix}} | 13 years | "The offender pleaded guilty to the second-degree murder of his half-sister.  Death was caused by asphyxiation, followed by a series of sexual acts on the deceased.  The offender was 27 at the time of the offence with no adult criminal record.  He did not claim to be more than mildly intoxicated at the time. He offered no explanation for his actions."}}
 {{SCase1|''R v Burwell'', <br>[http://canlii.ca/t/hpllk 2017 SKQB 375] (CanLII){{perSKQB|Danyliuk J}} | 16 years |  {{SummaryPending}}}}
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 {{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 Swite'',<br> 2012 BCSC 1755 (CanLII) | 13 years | "Swite was 20 years old at the time of the offence. He had no criminal record. He had little if any meaningful school or work history.  He had strong Gladue factors, including many forms of deprivation and alcohol abuse from an early age. The court found [he] was significantly intoxicated at the time of the offence.
+... Swite’s victim was an 85-year old aboriginal woman who was a stranger to him. He killed her by suffocating her with a pillow. He then had sex with her dead body. "}}
 {{SCase1|''R v Ward'',<br> [http://canlii.ca/t/fn0kk 2011 NSCA 78] (CanLII){{perNSCA|Saunders J}} | 13 years |  {{SummaryPending}} }}
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 {{SCase1|''R v Boudreau'', <br> [http://canlii.ca/t/22htx 2009 NSSC 30] (CanLII){{perNSSC|Stewart J}} | 20 years | Offender killed her 12 year old child as she was an obstacle to her relationship. Evidence suggesting planning and deliberation. Sentence meant to show this was close to a first degree murder. Joint recommended sentence.}}
+{{SCase1|''R v Kayaitok 2009 NUCJ 24 (CanLII){{fix}}{{perNUCJ|Kilpatrick J}}| 18 years | "The victim was aged five; she died by asphyxiation, then was anally raped by the offender.  There was no evidence that alcohol or other intoxicant played a part in the offence.  Owing to a prior serious sexual assault allegation, the offender was on an undertaking to have no contact with children.  He had no adult criminal record. He was 19 years old at the time of the offence, came from a disadvantaged background, and had limited education."}}
 {{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 Wilson'',<Br>2007 BCSC 1382 (CanLII){{fix}} | 13 years | The offender plead guilty and had no prior record. He "was aboriginal but the sentencing judge, at para 16, concluded that Gladue did not apply, given the violent and serious offence before the court. ...the sentencing judge found the most aggravating aspect of the murder to be the offender’s vaginal and anal sex with the deceased victim.  Though not complete strangers, the case report does not describe any particular relationship either.  It appears death was caused by asphyxiation.  Mitigating was the lack of a record, the offender’s youthfulness, and his good prospects for rehabilitation."}}
 {{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.}}
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 {{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 McInnis'',<Br>1999 CanLII 2671 (ON CA), 1999 CarswellOnt 1054, 119 OAC 316 (CA){{fix}}|  20 years | "53-year old offender had a lengthy related record and was on mandatory supervision at the time of the offence; the jury recommended a 20-year period of parole ineligibility; the sentencing judge concluded the offender was a psychopath with no hope for rehabilitation."}}
+{{SCase1|''R v Ramsay'', <br>1991 CanLII 11808 (MB CA) | 14 years | The offender "was found to have sexually desecrated his deceased victim, went on to say he had done society a favour by committing his crime.  The court found that his unrepentant attitude marked him as dangerous. "}}
 {{SCase1|''R v Smith''<br> (1986), 72 N.S.R. (2d) 359 (AD){{NOCANLII}}| 20 years | lengthy criminal record }}

Revision as of 21:53, 20 August 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