Second degree murder

R. v. Tahir

Sentence and the Crown's position

Crown askedLife, no parole for 17 years1
Judge imposedLife imprisonment, no parole for 17 years; lifetime s. 109 weapons prohibition, DNA order1

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 17 years
Defence askedLife, no parole for 17 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.

Ahmed Riyaz Tahir pleaded guilty to second degree murder for shooting a 19-year-old man five times from behind outside a Burnaby business in May 2021; a bystander was also hit. Crown and defence jointly proposed life imprisonment with no parole eligibility for 17 years. Associate Chief Justice Holmes accepted the joint submission and imposed life imprisonment with parole ineligibility of 17 years, saying the sentence had to be a heavy one even for a young offender because gun crimes are of high concern in the community.

In the judge's words

The sentence in this case must be a heavy one, even for a young man such as Mr. Tahir. Gun crimes are of high concern in the community, and this one took place in a public location that could be expected to be busy with people of all ages, enjoying life as they expect and are entitled to do.

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 17 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: J.P. Hermanson
Defence: T.D. Anderson

Sources

  1. R. v. Tahir, 2022 BCSC 2049 Court decision, CanLII, September 9, 2022[4] The parties jointly submit that Mr. Tahir should not be eligible to apply for parole for 17 years.[4] The parties jointly submit that Mr. Tahir should not be eligible to apply for parole for 17 years.[3] For second degree murder, the sentence must be imprisonment for life.[1] Ahmed Riyaz Tahir has pleaded guilty to the second degree murder of …[24] At the time of the offence, Mr. Tahir had no youth or adult criminal record.[36] The sentence in this case must be a heavy one, even for a young man such as Mr. Tahir. Gun crimes are of high concern in the community, and this one took place in a public location that could be expected to be busy with people of all ages, enjoying life as they expect and are entitled to do.[40] I sentence you, as I must, to imprisonment for life. … [41] You will not be eligible to apply for parole for a period of 17 years.
  2. R. v. Tahir, 2022 BCSC 2049 Court decision, Courts of British Columbia

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