Second degree murder
R. v. P.L.P.
A publication ban applies. The offender is not named.
Sentence and the Crown's position
Crown askedNot recorded
Judge imposedLife imprisonment, no parole eligibility for 12 years1
What the law allows
MaximumLife imprisonment
Judge imposedLife, no parole for 12 years
Defence askedLife, no parole for 10 years
The offender was convicted after trial of second degree murder for fatally stabbing the victim in the victim's home in Surrey. The defence sought parole ineligibility of 10 years. Justice Williams imposed the mandatory life sentence with no parole eligibility for 12 years, finding serious aggravating factors and declining to give significant mitigating weight to the offender's mental health circumstances.
In the judge's words
1Accordingly, I am unable to conclude that his mental health circumstances were a meaningful contributing factor to the commission of this offence. Moreover, I am unable to assign any significant mitigating weight to that consideration.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 10 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: L.J. Kenworthy
Defence: D.M. Turko, Q.C., Z. Zwanenburg
Sources
- R. v. P.L.P., 2021 BCSC 1578 Court decision, CanLII, July 9, 2021
[38] The defence submits that the proper and fit sentence for … in the circumstances is 10 years before eligibility for parole.
[40] The principles governing the necessary analysis are reasonably well established. Section 745.4 of the Criminal Code confers discretion on the court to set parole ineligibility at between 10 and 25 years. … [63] … I impose upon you the mandatory sentence of life imprisonment.
[59] Accordingly, I am unable to conclude that his mental health circumstances were a meaningful contributing factor to the commission of this offence. Moreover, I am unable to assign any significant mitigating weight to that consideration.
[63] … I impose upon you the mandatory sentence of life imprisonment. Pursuant to s. 745.4, you will not be eligible for parole until you have served 12 years of that sentence.
- R. v. P.L.P., 2021 BCSC 1578 Court decision, Courts of British Columbia