Second degree murder
R. v. Purvis
- 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
A jury found Gregory Maxwell Purvis guilty of second degree murder for a 2018 beating death in Dartmouth, and the mandatory life sentence was imposed on conviction. The Crown sought parole ineligibility of 18 to 20 years and the defence 10 years. Justice Boudreau set parole ineligibility at 14 years, finding the murder closer to manslaughter than first degree murder but that his significant violent record made the 10-year minimum inappropriate.
In the judge's words
1Having said that, in my view, Mr. Purvis’ significant violent criminal record, as well as the other aggravating circumstances of this offence, mean that the ten year minimum is not appropriate either.
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: Robert Kennedy, William Mathers
Defence: Jonathan Hughes
Sources
- R. v. Purvis, 2021 NSSC 241 Court decision, CanLII, July 9, 2021
[42] The Crown suggests that Mr. Purvis would fit into the high middle category of offenders convicted of second degree murder, and seeks a period of 18 to 20 years before Mr. Purvis can seek parole.
[53] The defence suggests that the case of Mr. Purvis should be situated in the less serious category of offenders and offences within the ranges suggested in Hawkins. They suggest that ten years of parole ineligibility would be appropriate.
[18] As I previously indicated, section 745(c) of the Criminal Code provides that the sentence for second degree murder is life imprisonment.
[1] Gregory Maxwell Purvis is before the Court, having been found guilty by a jury of second degree murder in the death of
[62] Having said that, in my view, Mr. Purvis’ significant violent criminal record, as well as the other aggravating circumstances of this offence, mean that the ten year minimum is not appropriate either.
[2] A conviction for second degree murder carries a sentence of life imprisonment which was imposed upon Mr. Purvis the day he was convicted. … [63] Having regard to the principles set out in the Criminal Code and the caselaw, and the circumstances of the offence and the offender, I set Mr. Purvis’ parole ineligibility at 14 years.
- R. v. Purvis, 2021 NSSC 241 Court decision, Courts of Nova Scotia