First degree murder
R. v. Roche Garcia
Sentence and the Crown's position
Crown askedNot recorded
Judge imposedLife imprisonment, no parole for 25 years; lifetime s. 109 weapons prohibition; DNA order1
What the law allows
MaximumLife imprisonment
Judge imposedLife, no parole for 25 years
Alvaro Julio Roche Garcia was found guilty by a jury of first degree murder for shooting the victim outside the victim's home in January 2019. Justice Williams imposed the mandatory sentence of life imprisonment without eligibility for parole for 25 years, describing the act as cruel and cold-blooded.
In the judge's words
1There is little to be said. The act was cruel, it was quite cold‑blooded, and frankly was cowardly. Whatever reasons Mr. Roche Garcia had to do what he did are neither known to this Court nor apparent.
The record
- Convicted of
- First degree murder (CC 231(2))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: H. Reiner, Q.C.
Defence: A.C. Nelson
Sources
- R. v. Roche Garcia, 2021 BCSC 2332 Court decision, CanLII, November 9, 2021
[5] The sentence to be imposed is mandated by s. 745 of the Criminal Code, R.S.C. 1985, c. C-46.
Alvaro Julio Roche Garcia
[4] There is little to be said. The act was cruel, it was quite cold‑blooded, and frankly was cowardly. Whatever reasons Mr. Roche Garcia had to do what he did are neither known to this Court nor apparent.
[5] The sentence to be imposed is mandated by s. 745 of the Criminal Code, R.S.C. 1985, c. C-46. Mr. Roche Garcia is sentenced to imprisonment for life without eligibility for parole until he has served 25 years of that sentence.
- R. v. Roche Garcia, 2021 BCSC 2332 Court decision, Courts of British Columbia