Second degree murder, Aggravated assault
R. v. G.B.K.
A publication ban applies. The offender is not named.
- Below the Crown's ask
Sentence and the Crown's position
Both are life sentences, so the bars compare how long before parole can be considered.
What the law allows
The offender was found guilty of second degree murder and aggravated assault for stabbing two teenage girls, killing one, in Abbotsford. The Crown sought life with no parole for 18 years and 7 years concurrent on the assault; the defence sought parole ineligibility of 12 years. Associate Chief Justice Holmes imposed life imprisonment with no parole for 16 years and 7 years concurrent, placing the case in the higher range because of the sustained attack on children, but toward its lower end given the offender's youth and Gladue factors.
In the judge's words
1Any violent attack on a child of any age, especially a killing, strikes at the core of our social values, and places the offence at the highest order of magnitude. In addition, these offences were in a place society counts on to keep our children and young people safe and feeling safe.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Aggravated assault (CC 268)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 12 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: R. Macgowan, D.T.R. Loucks
Defence: J.M. Peters, M. Vis-Dunbar
Sources
- R. v. G.B.K., 2021 BCSC 1391 Court decision, CanLII, July 7, 2021
[5] The Crown submits that the period of ineligibility to apply for parole should be 18 years
[5] … while … submits that it should be 12 years.
[3] For second degree murder, the sentence must be imprisonment for life, and I will impose that sentence at the end of these sentencing reasons.
[41] … has no prior criminal record as an adult.
[74] Any violent attack on a child of any age, especially a killing, strikes at the core of our social values, and places the offence at the highest order of magnitude. In addition, these offences were in a place society counts on to keep our children and young people safe and feeling safe.
[84] On count 1, the second degree murder of … I sentence you to imprisonment for life. [85] You will not be eligible to apply for parole for a period of 16 years. [86] On count 2, the aggravated assault of … I sentence you to 7 years' imprisonment. That sentence will be concurrent to the sentence on count 1.
- R. v. G.B.K., 2021 BCSC 1391 Court decision, Courts of British Columbia