Second degree murder

R. v. Jafroudi

Sentence and the Crown's position

Crown askedLife, no parole for 12 years1
Judge imposedLife imprisonment, no parole for 12 years; DNA, lifetime s. 109 prohibitions1

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 12 years
Judge imposedLife, no parole for 12 years
Defence askedLife, no parole for 10 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.

Sam Jafroudi was convicted of second degree murder for shooting a friend 12 times with a sawed-off semi-automatic rifle during a confrontation at a New Westminster park in April 2019. The Crown sought parole ineligibility of 12 years and the defence 10 years. Justice Brown imposed the mandatory life sentence with no parole eligibility for 12 years, finding the loaded prohibited weapon carried in public a very aggravating factor despite his youth, remorse and lack of a criminal record.

In the judge's words

I have taken into account Mr. Jafroudi's personal circumstances and his young age, his remorse, and the importance of rehabilitation, as well as the absence of criminal antecedents. However, the presence of the gun, a prohibited weapon, carried in public, capable of discharging several rounds in mere seconds, is a very aggravating factor. Gun violence is a very significant problem in our society.

1

The record

Convicted of
Prior convictions
0 prior convictions1
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: R. Flannigan, E.A. Sukkau
Defence: R.T. Gill

Sources

  1. R. v. Jafroudi, 2022 BCSC 1819 Court decision, CanLII, September 2, 2022[17] The Crown says that the appropriate range of parole ineligibility is 12 to 15 years. The Crown says that after considering all of the factors, the appropriate period of parole ineligibility is 12 years.[18] The defence says that, even considering the use of the firearm in this case, it is appropriate that the period of parole ineligibility be set at 10 years.[9] Pursuant to s. 745(c) and 745.4 of the Criminal Code, R.S.C. 1985, c. C-46 [Code], the court may set the period of parole ineligibility between 10 and 25 years.[1] THE COURT: On December 13, 2021, I convicted Sam Jafroudi of the second degree murder of his friend, …[19] Mr. Jafroudi was a very young man at the time of this offence. He was 19 years old. He had no prior criminal record.[32] I have taken into account Mr. Jafroudi's personal circumstances and his young age, his remorse, and the importance of rehabilitation, as well as the absence of criminal antecedents. However, the presence of the gun, a prohibited weapon, carried in public, capable of discharging several rounds in mere seconds, is a very aggravating factor. Gun violence is a very significant problem in our society.[1] … The sentence for second degree murder is life imprisonment. The issue for determination is the period of parole ineligibility. … [31] … In my view, the appropriate period of parole ineligibility is 12 years.
  2. R. v. Jafroudi, 2022 BCSC 1819 Court decision, Courts of British Columbia

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