Second degree murder
R. v. Gladue
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
Dennis Daniel Gladue pleaded guilty to the second degree murder of his intimate partner, who was stabbed at least 33 times in her home. The Crown and defence jointly proposed life imprisonment with parole ineligibility of 15 years. Justice Weatherill accepted the joint submission and imposed life imprisonment with no eligibility for parole for 15 years, finding it at the high end of the accepted range and not contrary to the public interest.
In the judge's words
1In my view, the recommended parole ineligibility period appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence to be imposed honours the overarching principle of being proportionate to the gravity of the offence and the degree of responsibility of the offender.
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 15 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: E. Yao
Defence: D. Donnelly
Sources
- R. v. Gladue, 2022 BCSC 1009 Court decision, CanLII, June 1, 2022
[15] The Crown and the defence have made a joint submission that a period of parole ineligibility of 15 years is appropriate in this case.
[15] The Crown and the defence have made a joint submission that a period of parole ineligibility of 15 years is appropriate in this case.
[3] Section 745(c) of the Criminal Code stipulates that the sentence for a conviction on a charge of second degree murder is life imprisonment. That is the sentence I must impose today.
[1] THE COURT: On March 21, 2022, Mr. Gladue pleaded guilty to a charge under s. 235(1) of the Criminal Code, R.S.C. 1985, c. C-46 of the second degree murder of
[31] … In my view, the recommended parole ineligibility period appropriately balances the aggravating and mitigating factors in this case and reasonably seeks to ensure that the sentence to be imposed honours the overarching principle of being proportionate to the gravity of the offence and the degree of responsibility of the offender.
[37] THE COURT: Thank you. I am sentencing you to life imprisonment with no eligibility for parole for 15 years.
- R. v. Gladue, 2022 BCSC 1009 Court decision, Courts of British Columbia