Second degree murder

R. v. Grantham

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 17 years1
Judge imposedLife imprisonment, no parole for 14 years; DNA order, lifetime s. 109 prohibition1
3 years less parole ineligibility than the Crown asked

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 17 years
Judge imposedLife, no parole for 14 years
Defence askedLife, no parole for 12 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.

Ryan Grantham pleaded guilty to second degree murder for shooting his mother at their Squamish home in March 2020. The Crown sought 17 to 18 years of parole ineligibility and the defence sought 12 years. Justice Ker imposed the mandatory life sentence with no parole eligibility for 14 years, finding that his mental health difficulties, youth, lack of a criminal record, guilty plea and genuine remorse kept the case in the lower elevated range of 12 to 15 years.

In the judge's words

In my view, anything lower than 14 years would not accurately reflect the gravity of this offence and the circumstances of its commission, and would give insufficient recognition to the pressing need for denunciation and general deterrence that arises from this case.

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 12 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: M. Donnelly
Defence: C. Johnson, K.C. and T. Armstrong

Sources

  1. R. v. Grantham, 2022 BCSC 1827 Court decision, CanLII, September 20, 2022[13] The Crown seeks a period of 17-18 years' parole ineligibility in light of the exceptional aggravating circumstances that the Crown contends exist in this case.the Court should exercise mercy and fix the period of parole ineligibility at 12 years.[8] Pursuant to s. 235(1) of the Code, the offence of second-degree murder carries a mandatory sentence of life imprisonment with no eligibility for parole for at least 10 years.[2] Ryan Grantham is before the Court for sentencing following his guilty plea to one count of second-degree murder contrary to s. 235(1) of the Criminal Code[103] Mr. Grantham has no criminal record.[179] … In my view, anything lower than 14 years would not accurately reflect the gravity of this offence and the circumstances of its commission, and would give insufficient recognition to the pressing need for denunciation and general deterrence that arises from this case.[182] Having considered the nature of the offence, the circumstances surrounding its commission, your own background circumstances and character, the aggravating and mitigating circumstances, and the object and principles of sentencing and their application in this case, pursuant to s. 745 (c) of the Code I sentence you, as I must, to imprisonment for life. … [183] You will not be eligible to apply for parole for a period of 14 years.
  2. R. v. Grantham, 2022 BCSC 1827 Court decision, Courts of British Columbia

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