Second degree murder
R. v. Tahir
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
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
1The 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.
The record
- Convicted of
- Second degree murder (CC 231(7))
- 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
- 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.
- R. v. Tahir, 2022 BCSC 2049 Court decision, Courts of British Columbia