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){{perONSC|}} | 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|Then J}} | 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){{perONCJ|}} | 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|Wadden J}} | 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){{perSKCA|}} | 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|Lane JA}} | 17 years| use of a firearm. Declared Long-Term Offender.}}


{{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 Postma,<br> [http://canlii.ca/t/g23tz 2013 ONSC 7218] (CanLII){{perONSC|Ricchetti J}} | 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){{perSKPC|}} | 9 years |}}
{{SCase1|R v Hanishewski,<br> [http://canlii.ca/t/fxm79 2013 SKPC 89] (CanLII){{perSKPC|Koskie J}} | 9 years |}}


{{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 Adamson,<br> [http://canlii.ca/t/fxdc7 2013 ONSC 2365] (CanLII){{perONSC|Gray J}} |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){{perNSCA|}} | 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|}} | 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|}} | 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|}} | 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|}} | 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|}} | 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|}} | 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|}} | 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){{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 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|}} | 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|}} |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){{perQCCQ|}} | 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. }}


{{SCase1| R v Belisle-Taylor<br>  [http://canlii.ca/t/fl59m 2011 NSSC 159] (CanLII){{perNSSC|}} | 10 years |}}
{{SCase1| R v Belisle-Taylor<br>  [http://canlii.ca/t/fl59m 2011 NSSC 159] (CanLII){{perNSSC|Duncan J}} | 10 years |}}


{{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 K.G., <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){{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 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){{perONCA|}} |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.}}


{{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 Kipp,<br> [http://canlii.ca/t/29gmw 2010 BCSC 584] (CanLII){{perBCSC|Joyce J}} | 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){{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 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 | }}

Revision as of 13:00, 5 December 2018