Second Degree Murder (Sentencing Cases)

This page was last substantively updated or reviewed January 2023. (Rev. # 89142)

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Second Degree - Generally

Case Name	Pv	Ct	Parole Inelig.	Comments
R v Candaele, 2022 ABKB 605 (CanLII)	AB	SC
R v Mbaye, 2020 ABQB 698 (CanLII)	AB	SC	14 years imprisonment
R v Chen, 2019 ONSC 3952 (CanLII), per Campbell J	ON	SC	10 years imprisonment
R v Hannan, 2018 NSSC 335 (CanLII), per Wright J	NS	SC	15 years imprisonment	The victim was stabbed 9 times with a knife and left to die.
R v Nicholas, 2018 ONSC 678 (CanLII), per George J	ON	SC	13 years imprisonment	Summary of case is pending.
R v Pernosky, 2018 BCSC 1252 (CanLII), per Armstrong J	BC	SC	13 years imprisonment	"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."
R v Burwell, 2017 SKQB 375 (CanLII), per Danyliuk J	SK	SC	16 years imprisonment	Summary of case is pending.
R v Baldwin, 2017 ONSC 5040 (CanLII), per Lafrance-Cardinal J	ON	SC	12 years imprisonment	Summary of case is pending.
R v Bernard, 2017 NSSC 129 (CanLII), per Gogan J	NS	SC	14 years imprisonment	Summary of case is pending.
R v Gabriel, 2017 NSSC 90 (CanLII), per Campbell J	NS	SC	13 years imprisonment	The offender was black and mi'kmaq. A cultural impact assessment gave some background to the offender.
R v Whitlock, 2017 BCSC 1998 (CanLII), per DeWitt-Van Oosten J	BC	SC		{{{5}}}
R v Mohamed, 2017 MBQB 64 (CanLII), per Chartier J	MB	SC	13 years imprisonment	Summary of case is pending.
R v Tucker, 2017 NBQB 17 (CanLII), per Grant J	NB	SC	14 years imprisonment	The offender was convicted of second degree murder of his mother.
R v Roy, 2016 NBQB 7 (CanLII), per DeWare J	NB	SC	16 years imprisonment	The offender stabbed his mother to death and then set the house on fire. He was 25 years old, and had a diagnosis of axiety and drug abuse. He had a long history of mental illness and drug addiction. He had a prior record for violence.
R v Ostamas, 2016 MBQB 136 (CanLII), per Toews J	MB	SC	75 years imprisonment	The offender was convicted of three counts of second degree murder. He strangled two persons to death and beat another to death with a piece of lumber. All victims were homeless persons. Crown and defence had a joint agreement on s. 745.51 applying to order three consecutive sentences of 25 years each.
R v Ryan, 2015 ABCA 286 (CanLII), per Picard JA (2:1)	AB	CA	17 years imprisonment	The offender was as drug dealer and shot one of his sellers when the victim stole some of his drugs and vehicle. He hid the body is the woods. He was 29 years old.
R v Scott , 2014 NBQB 146 (CanLII), per Morrison J	NB	SC	15 years imprisonment	The offender was plead guilty to killing an 82 year old woman. The victim helped him by driving him to her home where the offender hit her in the head with a hammer 19 times. He tried to make the murder scene look liek a sexual assault. He was 19 years old with a history of mental illness.
R v Borbely, 2013 ONSC 3355 (CanLII), per Glass J	ON	SC	17 years imprisonment	"the court imposed a life sentence with no chance of parole for 17 years. In that case, the offender had beaten his estranged spouse to death while in the midst of a custody dispute. He then concealed her body under the cottage that he had been renovating and claimed that the victim had run off with another man. The offender had no criminal record and was gainfully employed. The offender was found guilty by a jury, who then recommended a period of parole ineligibility of 10 years. The sentencing judge found that the nature and circumstances of the offence, including the severe nature of the beating, and the post‑offence conduct of dismembering and concealing the body, together with aggravating factors of domestic violence, warranted a period of parole ineligibility outside the range of 12 to 15 years." [1]
R v Jimenez-Acosta, 2013 ONSC 5524 (CanLII), per Goodman J	ON	SC	13 years	"Mr. Jimenez-Acosta murdered his wife by inflicting numerous blunt and sharp force wounds to her head. It was another case of a deadly assault precipitated by a wife advising that she had a relationship with another man and wanted a divorce. Mr. Jimenez-Acosta tried to thwart the police investigation by contaminating the crime scene. He had no criminal record and there was no reported history of domestic abuse. The Crown sought a period of parole ineligibility of 15 years; the Defence argued for 10-12 years. Nine jurors recommended 15 years, one recommended 17 and two recommended 20. ...He identified a number of aggravating factors – the statutorily mandated aggravating circumstance of domestic homicide, the “vicious and brutal” circumstances of the assault that was “frenzied” and the attempt to contaminate the crime scene. Mr. Jimenez-Acosta’s prior “very good character” and positive reports of him as a good husband and father were mitigating. Justice Goodman viewed the jurisprudence as supporting “the general range for the period of parole ineligibility in similar cases of domestic violence to be between 12 to 15 years”. ...Justice Goodman was not convinced the offence involved any elements of planning or deliberation. While not condoning Mr. Jimenez-Acosta’s actions, he found the murder was “likely perpetuated [sic] as a result of being told by his wife about Mr. Karpf and her intentions to leave the marriage”. (para. 49)" [2]
R v Chareka , 2013 NSSC 320 (CanLII), per Scaravelli J	NS	SC	13 years imprisonment	stabbing. No prior criminal record
R v Neville, 2013 CanLII 13601 (NLSCTD), per Thompson J	NL	Sc	12 years imprisonment	stabbing
R v VanEindhoven, 2013 NUCJ 30 (CanLII)Template:Per	{{}}			"involved the murder by Mr. Vaneindhoven of his common-law spouse. She died from a single stab wound to her heart. The stabbing followed a severe beating. The relationship had been characterized by Mr. Vaneindhoven’s drinking and physical and emotional abuse. Mr. Vaneindhoven had been violent toward other women with whom he had relationships. He had a criminal record. The court noted he was Aboriginal but did not give this fact particular emphasis. ... Mr. Vaneindhoven’s jury had recommended he serve 25 years before being able to apply for parole. The aggravating factors considered by the trial judge included the fact that the murder of a spouse is statutorily aggravating. The Crown sought a 15-year period of parole ineligibility; the Defence said it should be 12 years. The court imposed a period of 13 years which was one year longer than had been ordered following Mr. Vaneindhoven’s first trial." [3]
R v Jiminez-Acosta, 2013 ONSC 5524 (CanLII), per AJ Goodman J	ON	SC	13 years imprisonment	The offender was convicted of murder. He got into an argument with the victim when she told him she was leaving him. He beat and stabbed her. The offender tried to cover up evidence and mislead the investigators. He had no prior criminal record.
R v Hardy, 2012 NSSC 209 (CanLII), per Wright J	NS	SC	14 years imprisonment	offender had a prior record involving violence. He was mentally ill. He confessed and was remorseful.
R v Swite, 2012 BCSC 1755 (CanLII), per Josephson J	BC	SC	13 years imprisonment	"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. "
R v Belcourt, 2012 BCSC 1844 (CanLII), per Macaulay J	BC	SC	17 years imprisonment	Summary of case is pending.
R v Dahr, 2012 ONCA 433 (CanLII), per Gillese JA	ON	CA	15 years imprisonment	Summary of case is pending.
R v Blandon , 2012 ONSC 3864 (CanLII), per Nordheimer J	ON	SC	12 years imprisonment	Summary of case is pending.
R v Hardy, 2012 NSSC 209 (CanLII), per Wright J	NS	SC	14 years imprisonment	Summary of case is pending.
R v Jojic, 2012 BCCA 101 (CanLII), per Ryan JA	BC	CA	13 years	Summary of case is pending.
R v Ward, 2011 NSCA 78 (CanLII), per Saunders J	NS	CA	13 years imprisonment	Summary of case is pending.
R v Angelis , 2011 ONSC 462 (CanLII), per Smith J	ON	SC		"Mr. Angelis asphyxiated his wife to death during a domestic altercation in front of their two young children. He failed to render or obtain any assistance for her when she fell unconscious. These circumstances were all treated as aggravating factors on sentencing. Mr. Angelis and his wife had been engaged in a bitter custody battle and he had recently learned that his wife intended to leave him to live with her lover. Smith, J. found no evidence of planning in the circumstances of the murder. The jury unanimously recommended the minimum period of parole ineligibility of 10 years. The Crown was seeking 14 years and the Defence argued for 10. The court considered the mitigating factors of Mr. Angelis’ good character: he had been a good father, was employed and well-educated, and did not have a criminal record. A 12-year period of parole ineligibility was imposed." [4]
R v Hall, 2011 ONSC 7281 (CanLII), per Archibald J	ON	SC	14 years imprisonment	Summary of case is pending.
R v Boudreau, 2009 NSSC 30 (CanLII), per Stewart J	NS	SC	20 years imprisonment	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.
R v Kayaitok, 2009 NUCJ 24 (CanLII), per Kilpatrick J	NU	PC	18 years imprisonment	"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."
R v Worm, 2009 SKQB 122 (CanLII), [2009] S.J. No 197, per Dawson J	SK	SC	16 years imprisonment	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.
R v Wilson, 2007 BCSC 1382 (CanLII), per Chamberlist J	BC	SC	13 years imprisonment	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."
R v Lenius, 2007 SKCA 65 (CanLII), per Lane JA	SK	CA		"Mr. Lenius, who was separated from his wife, murdered her when she went to his house to pick up their two youngest children. A brief confrontation had ensued over the wife’s new relationship and Mr. Lenius strangled her. The court overturned the trial judge’s imposition of a 15-year period of parole ineligibility and substituted 12 years, saying the case warranted being placed in the lower end of the McKnight range of 12-15 years." [5]
R v Danvers, 2005 CanLII 30044 (ON CA), [2005] OJ No 3532 (ONCA), per Armstrong JA	ON	CA	15 years imprisonment	offender was convicted of second degree murder for shooting a student in a nightclub. Offender was 19 years old with a lengthy criminal record.
R v Thackeray, , [2004] OJ No 5866(*no CanLII links)	ON		11 years imprisonment	The offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.
R v Cook, 2003 BCCA 326 (CanLII), [2003] BCJ No 1246, per Esson JA	BC	CA	15 years imprisonment	convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.
R v Dewald, 2001 CanLII 4721 (ON CA), [2001] O.J. No. 1716 (2:1), per Laskin JA	ON	CA
R v McInnis, 1999 CanLII 2671 (ON CA), , 1999 CarswellOnt 1054, 119 OAC 316 (CA), per Rosenberg JA	ON	CA	20 years imprisonment	"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."
R v McMaster, 1998 CanLII 4118 (ON CA), {{{4}}}, per Brooke JA	ON	CA		"...involved the killing by Mr. McMaster of his girlfriend with a single stab wound while she was asleep. The Court of Appeal upheld the trial judge’s imposition of a 12-year period of parole ineligibility. The jury did not recommend any increase over the 10-year minimum for second-degree murder. The Court of Appeal noted the trial judge had taken this into account and, stating merely that the sentence was a fit one, declined to interfere. The court rejected Mr. McMaster’s argument that the judge had failed to give adequate reasons for why he increased the period of parole ineligibility above the statutory minimum. No mention was made of the aggravating factors relevant to a domestic homicide." [6]
R v McCormack, 1995 CanLII 1435 (ON CA), per Galligan JA	ON	CA		"Mr. McCormack, an alcoholic, was drinking heavily when he killed his wife of 25 years. He had a criminal record and a lengthy history of verbally and physically abusing his wife. Eight jurors declined to make a parole eligibility recommendation. Four recommended Mr. McCormack serve 25 years before being eligible for parole. The Court of Appeal found “…it was an error in principle for the trial judge to hold that wife murder is in itself an exceptional circumstance justifying an increase in the period of parole ineligibility”. (para. 8) “Spousal murder is horrible. But all murder is horrible”. (para. 8) While recognizing that “no two cases can ever be the same”, the Court used Munroe (which it said bore “some similarity”) as “a helpful guide” to reduce Mr. McCormack’s parole ineligibility to 12 years. (para. 9)" [7]
R v Munroe, 1995 CanLII 8921 (ON CA), per Austin JA	ON	CA		"Mr. Munroe strangled his wife after becoming overwrought with anger during an argument. There was a history of violence and emotional abuse. The jury made no recommendation on parole eligibility. According to the Court of Appeal, the aggravating factors reviewed by the trial judge included Mr. Munroe preventing his wife from escaping and neutralizing her ability to defend herself by kneeling on her arms. The court upheld the 12-year period of parole ineligibility. (The case went on appeal to the Supreme Court of Canada against conviction only.)" [8]
R v Muir, 1995 CanLII 805 (ON CA), per curiam	ON	CA		"Mr. Muir shot and killed his wife while she was asleep in bed. He testified at trial he was in a rage because she had been preparing to leave him, wanted a divorce and was intending to visit a man with whom she had previously had an affair. The Court of Appeal reduced a 12‑year period of parole ineligibility to 10 years. Mr. Muir had no criminal record and no history of abusing his wife. He was remorseful. The jury had recommended no increase beyond the mandatory minimum of 10 years. The Court said: “Although this was a spousal homicide, there was no indication of prior abuse. We can find no basis to justify the increase in parole ineligibility”. (para. 11)" [9]
R v Ramsay, 1991 CanLII 11808 (MB CA), per Huband JA	MB	CA	14 years imprisonment	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. "
R v Barry, , [1991] O.J. No. 2666 (Ont. C.J.)(*no CanLII links)	ON	SC	12 years	"Mr. Barry inflicted 62 stab wounds on his girlfriend who wanted to end the relationship, and applied sustained pressure to her neck. Aged 19 at the time of the murder, he was found to have been emotionally dependent on her. He had no criminal record. Nine jurors recommended a 10-year period of parole ineligibility, the mandatory minimum. Three jurors recommended 15 years. A 12-year period of parole ineligibility was imposed. The sentencing judge emphasized his view that the “killing of some” should not “cost the killer more than the killing of others”. " [10]
R v Smith, (1986), 72 NSR (2d) 359 (AD)(*no CanLII links)	NS	CA	20 years imprisonment	lengthy criminal record

Second Degree - Domestic

Case Name	Pv	Ct	Parole Inelig.	Comments
R v Johnson, 2016 NSSC 297 (CanLII), per Duncan J	NS	SC	20 years and 17 years	Johnson murdered his ex-partner by beating her with a tire iron. The victim survived the initial beating. MacDonald obtained a knife for Johnston to cut her throat. Both offenders pleaded guilty to second degree murder.
R v Rushton, 2016 NSSC 313 (CanLII), per Wood J	NS	SC	18 years imprisonment	The offender murdered his common law partner and her adult daughter from another relationship. [per Wood J]
R v Toews, 2015 ABCA 167 (CanLII), per Costigan JA	AB	CA	10 years imprisonment
R v Irving, 2015 NBQB 70 (CanLII), per Grant J	NB	SC	12 years imprisonment	The offender strangled his wife to death while one of their children was upstairs. It was motivated by jealousy. He hid her body but eventually reported it to the police.
R v Hutchinson, 2014 NSSC 155 (CanLII), per Cacchione J	NS	SC	21 years imprisonment	Offender stabbed domestic partner to death. Lengthy prior record and was on a conditional sentence order at the time. Plead guilty. There were two young children of the relationship. He stated he had little remorse. Judge found he was in a position of trust.
R v Hales, 2014 NSSC 408 (CanLII), per Duncan J	NS	SC	17 years imprisonment	The offender pleaded guilty to second degree murder. He stabbed in wife to death. The sentence was jointly recommended.
R v Borbely, 2013 ONSC 3355 (CanLII), [2013] OJ No 2593, per Glass J	ON	SC	17 years	Offender found guilty of second degree murder of common law wife by beating her. Offender had no record, good employment, and positive involvement with children. The case was circumstantial where the victim disappeared and then was found dismembered in crates which was discovered years later.
R v Purdy, 2012 BCCA 272 (CanLII), [2012] BCJ No 1245, per MacKenzie JA	BC	CA	19 years imprisonment	Offender convicted for second degree murder of ex-wife by stabbing her 21 times in an ambush. There were several incidents of violence betwee the offender and the wife's new partner. He believed victim was atttempting to get between him and his children. The killing was done with "forethought". No record and of good character.
R v Panghali, 2011 BCSC 421 (CanLII), per Holmes J	BC	SC	15 years imprisonment	The offender strangled his pregnant wife to death and then burned her body on a beach. He made comments to police suggesting that her family may have been responsible.
R v Getson, 2011 NBQB 51 (CanLII), per McLellan J	NB	SC	20 years imprisonment	Offender plead guilty to second degree murder of wife. Offender attacked wife in front of a tanning salon in front of witnesses. Some evidence of planning were present. Offender confessed to his sister of stabbing the victim 14 or 15 times. Autopsy showed 28 stab wounds to the body. Joint recommendation.
R v Hindessa, [2009] OJ No 6412(*no CanLII links)	ON	.	18 years imprisonment	Offender convicted of second degree murder of his girlfriend by stabbing her 10 times while she was lying on a bed. Offender had diagnosis of PTSD and was known for violence, jealousy, and alcohol abuse. There were prior allegations of violence between victim and offender. There was evidence of stabs occurring after death.
R v White, 2009 NLTD 99 (CanLII), per Adams J	NL	SC	17 years imprisonment	Offender plead guilty to second degree murder of common law partner by strangling her to death after an argument about fidelity. Offender dismembered the body in his bathtub and discarded the parts. Victim left two children.
R v Legge, 2005 NLTD 156 (CanLII), per LeBlanc J	NL	SC	18 years imprisonment	Offender plead guilty to second degree murder of ex-common law partner. Relationship broke up after offender assaulted victim and was convicted for it. They got back together briefly before murder. Offender accused victim of infidelity, she broke up with him. Offender broke into victim's home and beat her to death with a metal rod. He gave a inculpatory statement, stating he was not remorseful.
R v Johnson (WD), 2004 NSCA 91 (CanLII), 225 NSR (2d) 22 (CA), per Oland JA	NS	CA	21 years imprisonment	Offender murdered his girlfriend and her child. He was 25 years old and had prior record including violence against the victim.
R v Johnson, 2001 NSSC 119 (CanLII), per Wright J	NS	SC	21 years imprisonment	The offender murdered his romantic partner and her child.
R v KWM, 2003 BCCA 688 (CanLII), per Hall JA	BC	CA	20 years imprisonment	The offender murdered his wife and mother-in-law.
R v Franz, 2000 BCSC 508 (CanLII), per Edwards J	BC	SC	17 years imprisonment	Offender convicted of second degree murder of spouse during separation. Offender strangled spouse to death and dismembered the victim's body and the parts were hidden. Offender had no record of violence. Some evidence of planning and deliberation, but not beyond reasonable doubt. Judge said offence was "not spur of the moment" killing.
R v McKnight, 1999 CanLII 3717 (ON CA), [1999] OJ No 1321, per Laskin JA (2:1)	ON	CA	17 years imprisonment	Offender was a doctor and lawyer who stabbed wife. Attack was over 10 to 15 minutes. Suffered from depression at time of offence.
R v Assoun, 1999 CanLII 2819 (NS SC, per Hood J	NS	SC	18.5 years	The offender was convicted at trial of murdering his ex-partner. He "stabbed and/or slit her throat and killed her with one of these throat wounds which pierced a vein". The offender and victim were in an on/off relationship and had only just broken up at the time of her murder. The sentence was jointly recommended.
R v Wristen, 1999 CanLII 3824 (ON CA, per Laskin and Rosenberg JJA	ON	CA	17 years imprisonment	Convicted on circumstantial case. Victim went missing and body never found. Victim's blood splatter found in house.
R v Beamish, 1996 CanLII 3735 (PE SCTD), per Jenkins J		SC	18 years imprisonment	charged with first degree, convicted of second degree of murder of common law partner. Offender tied up victim with rope, beat her to death and then concealed her remains. Circumstances of murder were "horrific" and "brutal". It was not a "spur of the moment" offence. Offender had prior record. Appeal dismissed.
R v Francis, 1994 CanLII 4164 (NSCA), 127 NSR (2d) (NSCA), per Jones JA	NS	CA	20 years imprisonment
R v Young (L.A.), 1993 CanLII 3272 (NSCA), per Freeman JA	NS	CA	14 years imprisonment	The offender stabbed his wife over 14 times. The judge described it as "senseless" and "brutal".
R v Doyle, [1991] NSJ No 447, 108 NSR (2d) 1 (NSCA)(*no CanLII links)	NS	CA	17 years	The offender shot wife while she laid on a bed sleeping. He was suffering from alcoholism and was upset over suspicions of infidelity. The two had three children of the relationship, one of whom died years before. Victim was 32 and the offender was 33 at the time.
R v Baillie, 1991 CanLII 2477 (NSCA), , 107 NSR (2d) 256 (CA), per Matthews JA	NS	CA	17 years imprisonment	The offender strangled his wife with a rope and left her to die, locked in the basement.