Attempted Murder (Sentencing Cases): Difference between revisions
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{{SCase1| | {{SCase1|{{CanLIIR-S|JA|gwvp9|2017 ONSC 525 (CanLII)}}{{perONSC|O'Marra J}}| {{JailY|10}} | "J.A. was found guilty by a jury of the second degree murder of his six-year-old daughter and the attempted murder of his seven-year-old son. Following the dissolution of his marriage, J.A. was suicidal. He attended at the school of the two victims, telling officials the children had medical appointments to attend. That was not true. He picked up some alcohol and sleeping medication before attending at a hotel. He gave each child some sleeping medication and sparkling wine. Eventually, the police were alerted when the two children did not return from school. When the police arrived at the hotel room, one child was unconscious (and eventually died). The other was drowsy. The cause of death was the combined toxicity of the sleep medication combined with alcohol. On the count of murder, J.A. was imprisoned for life with parole eligibility set at 18 years. He was given a concurrent sentence of 10 years for attempted murder." [http://canlii.ca/t/j5hf8]}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Kormendy|hnskg|2017 ONSC 6426 (CanLII)}}{{perONSC|Bondy J}} | {{JailY|20}} (global) |"Mr. Kormendy was convicted of, amongst other things, three counts of attempted murder by arson. Mr. Kormendy was in a romantic relationship with one of the victims. They were living together in Windsor, Ontario with her three children. Two of the children were also victims in the arson, a seven-year-old daughter and a one-year-old-daughter. The third escaped the consequences of the arson because she was not home at the time. The fire was started because the victim had asked Mr. Kormendy to leave the home. He poured gasoline around the room and on the outside of the door where she was sleeping with her 7-year-old daughter. He also poured gasoline on the beds. By pouring gasoline around the door, Mr. Kormendy essentially trapped the two victims in the room by fire. Despite the screams of his victims after the fire started and the rooms being engulfed in flames, Mr. Kormendy did nothing to help his victims. During the sentencing proceeding, Mr. Kormendy demonstrated little insight into his behaviour." [http://canlii.ca/t/j5hf8] The Court of Appeal increased the sentence from 11 years to 20 years.}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Forcillo|gsqhd|2016 ONSC 4850 (CanLII)}}{{perONSC|Then J}} | {{JailY|6}} | A mandatory minimum of 5 years applied. }} | ||
{{SCase1|''R v | {{SCase1|''R v Hoare'', <br> [http://canlii.ca/t/gn201 2016 ONCJ 36] (CanLII){{perONCJ|Wadden J}} | {{JailY|11}} | The offender assaulted he spouse with a baseball bat. He had no criminal record.}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Koopmans|gm4vg|2015 BCSC 2120 (CanLII)}}{{perBCSC|Maisonville J}} | | "[A] 51-year-old man without a criminal record was convicted of two counts of second degree murder and one count of attempted murder. In that case, the Crown emphasized that there were factors indicating forethought and premeditation. There were multiple victims and the killings were execution style. The victims were ambushed in their residence. The offender brought a loaded gun to the scene. The Crown sought consecutive sentences. Madam Justice Maisonville imposed concurrent periods of 22 years of parole ineligibility for each of the convictions of second degree murder." [http://canlii.ca/t/j5tr8]}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Edwards|gjg8c|2015 ONSC 3308 (CanLII)}}{{perONSC|Donohue J}}| {{JailY|9}}| "Mr. Edwards was convicted of two counts of attempted murder. On the day in question, Mr. Edwards became frustrated and angry because his job prospects were limited and he had run out of cigarettes and alcohol. He had attended a social at the Canadian Mental Health Association but was picked up by his father because he was being disruptive. At the time of the offences, he had been under medical care for his mental health for some time. At approximately 6:40 p.m. that day, Mr. Edwards approached a neighbor, Mr. Singh, suggesting they talk. Mr. Edwards pulled out a knife and tried to stab him. Mr. Singh was able to get away. Shortly thereafter, Mr. Edwards approached another neighbor who was walking home from work. Mr. Edwards stabbed him in the back with a kitchen knife. Considering all principles, the trial judge sentenced Mr. Edwards to 9 years’ imprisonment." [http://canlii.ca/t/j5hf8]}} | ||
{{SCase1|''R v | {{SCase1|''R v McArthur'',<br> [http://canlii.ca/t/g2fx7 2013 SKCA 139] (CanLII){{perSKCA|Lane JA}} | {{JailY|17}} | use of a firearm. Declared Long-Term Offender.}} | ||
{{SCase1|''R v | {{SCase1|''R v Postma'',<br> [http://canlii.ca/t/g23tz 2013 ONSC 7218] (CanLII){{perONSC|Ricchetti J}} | {{JailY|11}} | "Ms. Postma attempted to murder her daughter. At that time, she had separated from her husband and had four daughters. The victim was the youngest. Ms. Postma became distraught after the separation. When Ms. Postma went to visit her daughter (the victim), she slit her throat. The victim ran from her mother as she was being chased. Eventually, the police arrived. There is no explanation as to why Ms. Postma attempted to murder her daughter. There was no evidence of a mental disorder. She was 48 years of age at the time of the offence and had no criminal record. The court imposed an 11-year sentence." [http://canlii.ca/t/j5hf8]}} | ||
{{SCase1|''R v | {{SCase1|''R v Hanishewski'',<br> [http://canlii.ca/t/fxm79 2013 SKPC 89] (CanLII){{perSKPC|Koskie J}} | {{JailY|9}} |}} | ||
{{SCase1|''R v | {{SCase1|''R v Adamson'',<br> [http://canlii.ca/t/fxdc7 2013 ONSC 2365] (CanLII){{perONSC|Gray J}} |{{JailY|13}} | "While the victim was sleeping in her home, Mr. Adamson entered and crept upstairs to her bedroom. He approached her, punched her in the head and when asked why he was doing this, he responded, “I’m sorry”. He rolled her onto her back and put a gloved hand over her mouth. He pulled out a knife and began to slit her throat saying, “I love you”. The victim screamed and Mr. Adamson fled. Mr. Adamson was the victim’s boyfriend and the father of the child she was carrying at the time. Mr. Adamson denied, to a judge and jury, that he was the perpetrator of these offences. He was found guilty. The Court of Appeal found that the sentence of 13 years was justified." [http://canlii.ca/t/j5hf8]}} | ||
{{SCase1| R v Blandon <br> [http://canlii.ca/t/frvkj 2012 ONSC 3864] (CanLII){{perONSC|Nordheimer J}} | 10 | {{SCase1|''R v Pyke'',<br> [http://canlii.ca/t/fxcw6 2013 NSCA 61] (CanLII){{perNSCA|MacDonald CJ}} | {{JailY|5}} | 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}} | {{JailM|6}} | 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}} | {{JailY|16}} | attempted to kill wife}} | |||
{{SCase1|''R v Vukaj''<br> [http://canlii.ca/t/fvq5q 2013 BCSC 79] (CanLII){{perBCSC|Griffin J}} | {{JailY|14}} (attempt)<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}} | {{JailY|10}} | 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 | {{SCase1| ''R v Boissonneault''<br> [http://canlii.ca/t/fr8bz 2012 MBCA 40] (CanLII){{perMBCA|Monnin JA}} | {{JailY|14}} |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 | {{SCase1|''R v John Brook'',<br> [http://canlii.ca/t/fppfd 2012 ONSC 184] (CanLII){{perONSC|Sosna J}} | {{JailY|16}} | 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}} | {{JailY|2}} |}} | |||
{{SCase1| ''R v | {{SCase1| ''R v Chevers''<br> [http://canlii.ca/t/fmvw7 2011 ONCA 569] (CanLII){{TheCourtONCA}} | {{JailY|15}} |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 | {{SCase1| ''R v Marriott''<br> [http://canlii.ca/t/fnqpv 2011 NSSC 414] (CanLII){{perNSSC|Coady J}} | {{JailY|15}} | joint recommendation}} | ||
{{SCase1| ''R v | {{SCase1|''R v Leblanc''<br>[http://canlii.ca/t/fm27b 2011 NSCA 60] (CanLII){{perNSCA|Fichaud J}} |{{JailY|16}}|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| | {{SCase1|R c Valentine-Remy,<br> [http://canlii.ca/t/fn1rn 2011 QCCQ 10060] (CanLII){{perQCCQ|Morin J}} | {{JailY|9}} | Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive. }} | ||
{{SCase1|R | {{SCase1| R v Belisle-Taylor<br> [http://canlii.ca/t/fl59m 2011 NSSC 159] (CanLII){{perNSSC|Duncan J}} | {{JailY|10}} |}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Botelho|2bk1w|2010 ONCA 497 (CanLII)}}{{TheCourtONCA}} | {{JailY|8.5}} | "Mr. Botelho had engaged in a history of violent behaviour toward the complainant. He had two convictions for domestic assault. The last one involved the same complainant. In breach of his terms of bail, and after having consumed alcohol, Mr. Botelho stabbed the complainant numerous times in a vicious attack. But for immediate medical attention, the complainant would have died as a result of the injuries inflicted by Mr. Botelho. He did not accept responsibility for his conduct and maintained that the injuries were caused by accident. As such, the Court of Appeal found that he continued to be a danger to society. The Court held that, “In these circumstances, a sentence of eight and a half years for the offence of attempted murder is the lowest sentence that in our view, could be considered fit.” "[http://canlii.ca/t/j5hf8] }} | ||
{{SCase1|''R v KG'', <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII){{TheCourtONCA}} | 14 | {{SCase1|''R v KG'', <br>[http://canlii.ca/t/28gn6 2010 ONCA 177] (CanLII){{TheCourtONCA}} | {{JailY|14}} | 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 | {{SCase1| ''R v Situ''<br> [http://canlii.ca/t/2d05j 2010 ONCA 683] (CanLII){{TheCourtONCA}} | {{JailY|15}} | 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 | {{SCase1|''R v Truelove'', <br>[http://canlii.ca/t/2cn0p 2010 ONCA 608] (CanLII){{TheCourtONCA}} | {{JailY|13}} |Shooting at a nightclub.}} | ||
{{SCase1|''R v Kipp'',<br> [http://canlii.ca/t/29gmw 2010 BCSC 584] (CanLII){{perBCSC|Joyce J}} | 11 | {{SCase1|''R v Kipp'',<br> [http://canlii.ca/t/29gmw 2010 BCSC 584] (CanLII){{perBCSC|Joyce J}} | {{JailY|11}} | 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|Thorburn J}} |12.5 | {{SCase1|''R v Clarke'',<br> [http://canlii.ca/t/27qz6 2010 ONSC 656] (CanLII){{perONSC|Thorburn J}} | {{JailY|12.5}} |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 | {{SCase1| ''R v Smith''<br> [http://canlii.ca/t/28z6f 2010 ONCA 229] (CanLII){{perONCA|Sharpe JA}} | {{JailY|10}} | }} | ||
{{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. }} | ||
{{SCase1|''R v Thompson'', <br>[http://canlii.ca/t/22s5d 2009 ONCA 243] (CanLII){{perONCA|Goudge JA}} |12 | {{SCase1|''R v Thompson'', <br>[http://canlii.ca/t/22s5d 2009 ONCA 243] (CanLII){{perONCA|Goudge JA}} | {{JailY|12}} |A planned shooting of the victim in a public place.The offender had a lengthy record which included violence.}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Guedez-Infante|2680l|2009 ONCA 739 (CanLII)}}{{TheCourtONCA}} | {{JailY|10}} |The offender shot the victim in public. The injuries were serious. The offender was youthful and had no prior record.}} | ||
{{SCase1| | {{SCase1|{{CanLIIR-S|Tan|20385|2008 ONCA 574 (CanLII)}}{{perONCA|Laskin JA}} | {{JailY|15}} | "Mr. Tan pleaded guilty to attempted murder, forcible confinement, robbery and sexual assault. He was given a 15-year sentence. He appealed. At the time of the offences, Mr. Tan was 34 years of age and unemployed. The victim was a university student. They knew each other through a mutual friend. After moving the victim from her apartment and while in the car, Mr. Tan suggested that the victim break up with her boyfriend. When she declined to do so, Mr. Tan became enraged. Eventually, he bound and gagged her. He made her lie down in the car and brandished a knife. He collected a tarp and some clothing. He drove three hours to a friend’s cottage in Bancroft, Ontario where he sexually assaulted her. He put her in a chokehold and told her that he was going to kill her. He slit her throat and stabbed her, causing a collapsed lung. He asked the victim about her bank accounts and obtained her PIN number. He took her identification documents, including her passport. He covered her with the tarp and she lost consciousness. He dragged her 40 feet into the bush, covered her with dirt, leaves and the tarp. He left her to die but she did not. Eventually, the victim struggled to the main road where she was assisted. Her injuries, both physical and psychological, were devastating and permanent. The sentence of 15 years was upheld by the Court of Appeal." The Court of Appeal "held that a 15-year sentence for a first offender who entered a guilty plea and expresses remorse was high. However, it held that the sentence was justified for a number of reasons, including: the domestic context of the offence, the specific intent to kill, the elements of planning and deliberation, the length of the attack, the concealing of the body and identity of the victim, the fact that the victim was left to die and the serious physical and psychological injuries on the victim." [http://canlii.ca/t/j5hf8]}} | ||
{{SCase1| | {{SCase1|{{CanLIIRP-S|Ljeskovica|21rpj|2008 CanLII 63569 (ON SC)|, [2008] OJ No 4935 (SCJ)}}{{perONSC|Trotter J}} | {{JailY|8}} | The offender struck the victim's girlfriend, causing a short fight between the men. The offender left shortly after stating "I’m coming back and kill you." The offender returned to the victim's residence that evening. Almost immediately upon entering the offender stabbed the victim with a knife. There was a scuffle and the offender fled. The victim suffered "two stab wounds to his chest, two stab wounds to his back and another to his leg." The offender pled guilty. He was 29 years old and had immigrated from Macedonia at age 15. He had no prior record and was remorseful. He had a problem with alcohol and used drugs. On the night of the incident, the offender had been drinking "a lot".}} | ||
{{SCase1|''R v Thiara'',<br> [http://canlii.ca/t/218kj 2008 BCSC 1414] (CanLII){{perBCSC|BJ Brown J}} | 10 | {{SCase1|''R v Thiara'',<br> [http://canlii.ca/t/218kj 2008 BCSC 1414] (CanLII){{perBCSC|BJ Brown J}} | {{JailY|10}} |offender shot victim twice over a drug debt.}} | ||
{{SCase1|''R v McDonald'',<br> [2007] OJ No 3859 (SCJ){{NOCANLII}} | 11 | {{SCase1|''R v McDonald'',<br> [2007] OJ No 3859 (SCJ){{NOCANLII}} | {{JailY|11}} | Offender attempted to kill common law partner and daughter using a hammer. The 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){{perABCA|Costigan JA}} | 17 | {{SCase1|''R v Lysak'', <br>[http://canlii.ca/t/1pxxx 2006 ABCA 327] (CanLII){{perABCA|Costigan JA}} | {{JailY|17}} | Offender attempted to shoot family member in head.}} | ||
{{SCase1|''R v Payne'', <br>[http://canlii.ca/t/1n1s2 2006 CanLII 11912] (ON SC){{perONSC|Kiteley J}} | 7 | {{SCase1|''R v Payne'', <br>[http://canlii.ca/t/1n1s2 2006 CanLII 11912] (ON SC){{perONSC|Kiteley J}} | {{JailY|7}} | Domestic offence.}} | ||
{{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 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){{TheCourtONCA}} | 12 | {{SCase1|''R v Champagne'',<br> [http://canlii.ca/t/1cf12 2002 CanLII 22947] (ON CA){{TheCourtONCA}} | {{JailY|12}} | _ }} | ||
{{SCase1| R v Ahmed-Saidi<br> [http://canlii.ca/t/1fbl9 2001 CanLII 24100] (ON CA){{TheCourtONCA}} | 8.5 | {{SCase1| R v Ahmed-Saidi<br> [http://canlii.ca/t/1fbl9 2001 CanLII 24100] (ON CA){{TheCourtONCA}} | {{JailY|8.5}} |}} | ||
{{SCase1|''R v Edwards'', <br> [http://canlii.ca/t/1fbx6 2001 CanLII 24105] (ON CA){{perONCA|Rosenberg JA}} | 8 | {{SCase1|''R v Edwards'', <br> [http://canlii.ca/t/1fbx6 2001 CanLII 24105] (ON CA){{perONCA|Rosenberg JA}} | {{JailY|8}} | 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 | {{SCase1| ''R v Joseph''<br> [http://canlii.ca/t/5k4t 2000 BCSC 1891] (CanLII){{perBCSC|Taylor J}} | {{JailY|10}} | shooting between drug dealres}} | ||
{{SCaseEnd}} | {{SCaseEnd}} | ||
Revision as of 08:17, 13 April 2020
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Attempted Murder
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