Second degree murder

R. v. Powery-Hooker

Sentence and the Crown's position

Crown askedLife, no parole for 20 years1
Judge imposedLife imprisonment, no parole for 20 years; lifetime s. 109 prohibition, DNA order1

Both are life sentences, so the bars compare how long before parole can be considered.

What the law allows

MaximumLife imprisonment
Crown askedLife, no parole for 20 years
Judge imposedLife, no parole for 20 years
Defence askedLife, no parole for 20 years
For second degree murder (CC 231(7)), the Criminal Code makes life imprisonment mandatory; the judge sets how long before parole can first be considered. Life is drawn at 25 years for scale. Read the section.

Calvin Junior Powery-Hooker pleaded guilty to second degree murder for a 2019 shooting at a South Surrey drive-thru, carried out with a co-accused for compensation. Crown and defence jointly proposed life imprisonment with no parole for 20 years. Justice Brundrett accepted the joint submission, finding that denunciation and deterrence of public gun violence outweighed the offender's youth, guilty plea and remorse.

In the judge's words

The harmful personal and societal effects of this type of deliberate gun violence and disregard for public safety must be deterred and denounced in the strongest possible terms. Those who might consider taking up firearms and engaging in such public shootings should know unquestionably that the punishment for their actions will be severe.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 20 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: T. Iandiorio, S. Currie-Roberts
Defence: T.M. Arbogast, K.A. Kirkpatrick

Sources

  1. R. v. Powery-Hooker, 2021 BCSC 2005 Court decision, CanLII, September 10, 2021[4] The sole question before the Court is the determination of the appropriate period of parole ineligibility. All counsel put forward a joint submission for both offenders in support of sentences of life imprisonment with a 20 year period of parole ineligibility.[4] The sole question before the Court is the determination of the appropriate period of parole ineligibility. All counsel put forward a joint submission for both offenders in support of sentences of life imprisonment with a 20 year period of parole ineligibility.[6] Section 745(c) of the Criminal Code, R.S.C., 1985, c. C-46 provides for a parole eligibility range on a charge of second degree murder between a minimum of 10 years and a maximum of 25 years.[50] Mr. Powery-Hooker, could you stand up, please. [51] I hereby sentence you to a period of life imprisonment without the possibility of parole for 20 years.[47] … The harmful personal and societal effects of this type of deliberate gun violence and disregard for public safety must be deterred and denounced in the strongest possible terms. Those who might consider taking up firearms and engaging in such public shootings should know unquestionably that the punishment for their actions will be severe.[50] Mr. Powery-Hooker, could you stand up, please. [51] I hereby sentence you to a period of life imprisonment without the possibility of parole for 20 years.
  2. R. v. Powery-Hooker, 2021 BCSC 2005 Court decision, Courts of British Columbia

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