Attempted Murder (Sentencing Cases): Difference between revisions
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{{SCase1|R v Forcillo, <br> [http://canlii.ca/t/gsqhd 2016 ONSC 4850] (CanLII) | 6 years | A mandatory minimum of 5 years applied. [per Then J]}} | {{SCase1|R v Forcillo, <br> [http://canlii.ca/t/gsqhd 2016 ONSC 4850] (CanLII){{perONSC|}} | 6 years | A mandatory minimum of 5 years applied. [per Then J]}} | ||
{{SCase1|R v Hoare, <Br> [http://canlii.ca/t/gn201 2016 ONCJ 36] (CanLII) | 11 years | The offender assaulted he spouse with a baseball bat. He had no criminal record.}} | {{SCase1|R v Hoare, <Br> [http://canlii.ca/t/gn201 2016 ONCJ 36] (CanLII){{perONCJ|}} | 11 years | The offender assaulted he spouse with a baseball bat. He had no criminal record.}} | ||
{{SCase1|R v McArthur,<br> [http://canlii.ca/t/g2fx7 2013 SKCA 139] (CanLII)| 17 years| use of a firearm. Declared Long-Term Offender.}} | {{SCase1|R v McArthur,<br> [http://canlii.ca/t/g2fx7 2013 SKCA 139] (CanLII){{perSKCA|}} | 17 years| use of a firearm. Declared Long-Term Offender.}} | ||
{{SCase1|R v Postma,<br> [http://canlii.ca/t/g23tz 2013 ONSC 7218] (CanLII)| 11 years | Offender attempted to murder her daughter by slashing her throat and stabbing her. Victim suffered serious injuries. Offender plead guilty.}} | {{SCase1|R v Postma,<br> [http://canlii.ca/t/g23tz 2013 ONSC 7218] (CanLII){{perONSC|}} | 11 years | Offender attempted to murder her daughter by slashing her throat and stabbing her. Victim suffered serious injuries. Offender plead guilty.}} | ||
{{SCase1|R v Hanishewski,<br> [http://canlii.ca/t/fxm79 2013 SKPC 89] (CanLII) | 9 years |}} | {{SCase1|R v Hanishewski,<br> [http://canlii.ca/t/fxm79 2013 SKPC 89] (CanLII){{perSKPC|}} | 9 years |}} | ||
{{SCase1|R v Adamson,<br> [http://canlii.ca/t/fxdc7 2013 ONSC 2365] (CanLII)|13 years | Offender attempted to kill girlfriend in her home when uninvited. Offender was youthful, good work history, and had family support.}} | {{SCase1|R v Adamson,<br> [http://canlii.ca/t/fxdc7 2013 ONSC 2365] (CanLII){{perONSC|}} |13 years | Offender attempted to kill girlfriend in her home when uninvited. Offender was youthful, good work history, and had family support.}} | ||
{{SCase1|R v Pyke,<br> [http://canlii.ca/t/fxcw6 2013 NSCA 61] (CanLII) | 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|}} | 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) | 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|}} | 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) | 16 years | attempted to kill wife}} | {{SCase1|R v Carelse,<br> [http://canlii.ca/t/fvz5h 2013 SKQB 15] (CanLII){{perSKQB|}} | 16 years | attempted to kill wife}} | ||
{{SCase1|R v Vukaj<br> [http://canlii.ca/t/fvq5q 2013 BCSC 79] (CanLII) | 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|}} | 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) | 10 years | stabbing; also convicted of 2nd degree murder}} | {{SCase1| R v Blandon <br> [http://canlii.ca/t/frvkj 2012 ONSC 3864] (CanLII){{perONSC|}} | 10 years | stabbing; also convicted of 2nd degree murder}} | ||
{{SCase1|R v Smith<br> 2012 NSCA 37|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)| 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|}} | 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) | 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|}} | 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)| 2 years |}} | {{SCase1| R v Sulek<br> [http://canlii.ca/t/fnmb0 2011 ABPC 314] (CanLII){{perABPC|}} | 2 years |}} | ||
{{SCase1| R v Chevers<br> [http://canlii.ca/t/fmvw7 2011 ONCA 569] (CanLII)| 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){{perONCA|}} | 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) | 15 years | joint recommendation}} | {{SCase1| R v Marriott<br> [http://canlii.ca/t/fnqpv 2011 NSSC 414] (CanLII){{perNSSC|}} | 15 years | joint recommendation}} | ||
{{SCase1|R v Leblanc<br>[http://canlii.ca/t/fm27b 2011 NSCA 60] (CanLII) |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|}} |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) | 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|}} | 9 years | Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive. }} | ||
{{SCase1| R v Belisle-Taylor<br> [http://canlii.ca/t/fl59m 2011 NSSC 159] (CanLII) | 10 years |}} | {{SCase1| R v Belisle-Taylor<br> [http://canlii.ca/t/fl59m 2011 NSSC 159] (CanLII){{perNSSC|}} | 10 years |}} | ||
{{SCase1|R v K.G., <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII)| 14 years | Sentence upheld. Offender attempted to murder ex-wife by driving over her. Offender plead guilty and was remorseful.}} | {{SCase1|R v K.G., <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII){{perONCA|}} | 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) | 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){{perONCA|}} | 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)|13 years |Shooting at a nightclub.}} | {{SCase1|R v Truelove, <br>[http://canlii.ca/t/2cn0p 2010 ONCA 608] (CanLII){{perONCA|}} |13 years |Shooting at a nightclub.}} | ||
{{SCase1|R v Kipp,<br> [http://canlii.ca/t/29gmw 2010 BCSC 584] (CanLII) | 11 years | offender shot at victim, hitting him 4 times over drug debt. Offender was 23 years old with lengthy record, none for violence.}} | {{SCase1|R v Kipp,<br> [http://canlii.ca/t/29gmw 2010 BCSC 584] (CanLII){{perBCSC|}} | 11 years | offender shot at victim, hitting him 4 times over drug debt. Offender was 23 years old with lengthy record, none for violence.}} | ||
{{SCase1|R v Clarke,<Br> [http://canlii.ca/t/27qz6 2010 ONSC 656] (CanLII)|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|}} |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) | 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) |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. }} | ||
{{SCase1|R v Thompson, <br>[http://canlii.ca/t/22s5d 2009 ONCA 243] (CanLII)|12 years |A planned shooting of the victim in a public place.The offender had a lengthy record which included violence.}} | {{SCase1|R v Thompson, <br>[http://canlii.ca/t/22s5d 2009 ONCA 243] (CanLII){{perONCA|Goudge JA}} |12 years |A planned shooting of the victim in a public place.The offender had a lengthy record which included violence.}} | ||
{{SCase1|R v Guedez-Infante, <br>[http://canlii.ca/t/2680l 2009 ONCA 739] (CanLII)|10 years |The offender shot the victim in public. The injuries were serious. The offender was youthful and had no prior record.}} | {{SCase1|R v Guedez-Infante, <br>[http://canlii.ca/t/2680l 2009 ONCA 739] (CanLII){{TheCourtONCA}} |10 years |The offender shot the victim in public. The injuries were serious. The offender was youthful and had no prior record.}} | ||
{{SCase1|R v Tan,<br> [http://canlii.ca/t/20385 2008 ONCA 574] (CanLII)| 15 years | Court of Appeal upholds sentence. Offender attempted to kill domestic partner. No record. Guilty plea and remorseful.}} | {{SCase1|R v Tan,<br> [http://canlii.ca/t/20385 2008 ONCA 574] (CanLII){{perONCA|Laskin JA}} | 15 years | Court of Appeal upholds sentence. Offender attempted to kill domestic partner. No record. Guilty plea and remorseful.}} | ||
{{SCase1|R v Ljeskovica,<br> [2008] O.J. No. 4935 (SCJ)| 8 years | Offender's girlfriend was slapped by victim. Offender fought with victim and then returned later to try to kill him. }} | {{SCase1|R v Ljeskovica,<br> [2008] O.J. No. 4935 (SCJ){{NOCANLII}}| 8 years | Offender's girlfriend was slapped by victim. Offender fought with victim and then returned later to try to kill him. }} | ||
{{SCase1|R v Thiara,<br> [http://canlii.ca/t/218kj 2008 BCSC 1414] (CanLII) | 10 years |offender shot victim twice over a drug debt.}} | {{SCase1|R v Thiara,<br> [http://canlii.ca/t/218kj 2008 BCSC 1414] (CanLII){{perBCSC|BJ Brown J}} | 10 years |offender shot victim twice over a drug debt.}} | ||
{{SCase1|R v McDonald,<br> [2007] O.J. No. 3859 (SCJ) | 11 years | Offender attempted to kill common law partner and daughter using a hammer. Offender had no record, history of employment, and community church work. The offence was out of character. He plead guilty, was remorseful.}} | {{SCase1|R v McDonald,<br> [2007] O.J. No. 3859 (SCJ){{NOCANLII}} | 11 years | Offender attempted to kill common law partner and daughter using a hammer. Offender had no record, history of employment, and community church work. The offence was out of character. He plead guilty, was remorseful.}} | ||
{{SCase1|R v Lysak, <br>[http://canlii.ca/t/1pxxx 2006 ABCA 327] (CanLII) | 17 years| Offender attempted to shoot family member in head.}} | {{SCase1|R v Lysak, <br>[http://canlii.ca/t/1pxxx 2006 ABCA 327] (CanLII){{perABCA|Costigan JA}} | 17 years| Offender attempted to shoot family member in head.}} | ||
{{SCase1|R v Payne, <Br>[http://canlii.ca/t/1n1s2 2006 CanLII 11912] (ON SC)| 7 years | Domestic offence.}} | {{SCase1|R v Payne, <Br>[http://canlii.ca/t/1n1s2 2006 CanLII 11912] (ON SC){{perONSC|Kiteley J}} | 7 years | Domestic offence.}} | ||
{{SCase1|R v McArthur <br>(2004), [http://canlii.ca/t/1gk4v 2004 CanLII 8759] (ON CA), 182 CCC (3d) 230 (Ont CA) | life | The victim was a peace officer.}} | {{SCase1|R v McArthur <br>(2004), [http://canlii.ca/t/1gk4v 2004 CanLII 8759] (ON CA), 182 CCC (3d) 230 (Ont CA){{perONCA|Doherty JA}} | life | The victim was a peace officer.}} | ||
{{SCase1|R v Champagne,<Br> [http://canlii.ca/t/1cf12 2002 CanLII 22947] (ON CA)| 12 years | _ }} | {{SCase1|R v Champagne,<Br> [http://canlii.ca/t/1cf12 2002 CanLII 22947] (ON CA){{TheCourtONCA}} | 12 years | _ }} | ||
{{SCase1| R v Ahmed-Saidi<br> [http://canlii.ca/t/1fbl9 2001 CanLII 24100] (ON CA) | {{SCase1| R v Ahmed-Saidi<br> [http://canlii.ca/t/1fbl9 2001 CanLII 24100] (ON CA){{TheCourtONCA}} | 8.5 years|}} | ||
{{SCase1|R v Edwards, <br> [http://canlii.ca/t/1fbx6 2001 CanLII 24105] (ON CA) | 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) | 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}} | ||
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{{SCase1| R v Denkers,<br> [http://canlii.ca/t/6k0b 1994 CanLII 2660] (ON CA)|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) | 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) | 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 | }} | ||
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{{SCase1|R v Tokhi, <Br>[http://canlii.ca/t/g7ddx 2014 ONSC 3142] (CanLII) | 4.5 years | Wife hired hitman to kill husband.}} | {{SCase1|R v Tokhi, <Br>[http://canlii.ca/t/g7ddx 2014 ONSC 3142] (CanLII){{perONSC|Molloy J}} | 4.5 years | Wife hired hitman to kill husband.}} | ||
{{SCase1|R v Cheema,<Br> [http://canlii.ca/t/266nh 2003 BCSC 2071] (CanLII) | 6 years | Ex-wife attempting over several months to murder husband over custody of children. Offender was relatively young with no criminal record and plead guilty.}} | {{SCase1|R v Cheema,<Br> [http://canlii.ca/t/266nh 2003 BCSC 2071] (CanLII){{perBCSC|Baker J}} | 6 years | Ex-wife attempting over several months to murder husband over custody of children. Offender was relatively young with no criminal record and plead guilty.}} | ||
{{SCase1| R v Cozzi, <Br>[2001] O.J. No. 1967 (O.C.J.){{NOCANLII}} | 3 years | wife in dispute with husband over children. Offender had long history of depression and suicide attempts. Victim was a member of a outlaw biker gang.}} | {{SCase1| R v Cozzi, <Br>[2001] O.J. No. 1967 (O.C.J.){{NOCANLII}} | 3 years | wife in dispute with husband over children. Offender had long history of depression and suicide attempts. Victim was a member of a outlaw biker gang.}} | ||
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{{SCase1|R v Dos Santos, <Br>[1998] O.J. No. 6290 (O.C.J.Gen.Div.){{NOCANLII}} | 5.5 years | wife in dispute with her husband over child custody and hired someone to kill him. Offender had no record, expressed remorse.}} | {{SCase1|R v Dos Santos, <Br>[1998] O.J. No. 6290 (O.C.J.Gen.Div.){{NOCANLII}} | 5.5 years | wife in dispute with her husband over child custody and hired someone to kill him. Offender had no record, expressed remorse.}} | ||
{{SCase1|R v Wickham, <Br>[1995] BCJ No. 2209 (BCCA), [http://canlii.ca/t/1ddxk 1995 CanLII 1879] (BC CA) | 7 years | Wife wanted to murder husband to be with new boyfriend and get life insurance.}} | {{SCase1|R v Wickham, <Br>[1995] BCJ No. 2209 (BCCA), [http://canlii.ca/t/1ddxk 1995 CanLII 1879] (BC CA){{perBCCA|Donald JA}} | 7 years | Wife wanted to murder husband to be with new boyfriend and get life insurance.}} | ||
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Revision as of 22:15, 4 December 2018
- < Sentencing
- < Cases
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Attempted Murder
2000 to present
1980 to 1999
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Murder for Hire
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See Also
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