Second degree murder

R. v. Ebrahimian

Sentence and the Crown's position

Crown askedLife, no parole for 15 years1
Judge imposedLife imprisonment on each of 3 counts, concurrent, no parole for 15 years; DNA order, lifetime s. 109 prohibition1

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 15 years
Judge imposedLife, no parole for 15 years
Defence askedLife, no parole for 15 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.

Kia Ebrahimian pleaded guilty mid-trial to three counts of second degree murder for killing three family members in their Langley home in June 2020, after which the house was set on fire. Crown and defence jointly proposed life imprisonment with parole ineligibility of 15 years. Justice Blok accepted the joint submission and imposed concurrent life sentences without parole eligibility for 15 years, finding the aggravating factors justified more than 10 years while his guilty pleas and mental illness reduced his moral culpability.

In the judge's words

At the same time, the mitigating factors weigh substantially here. The guilty pleas, made as soon as reasonably possible, cut the trial short and obviated the need to call at least one witness who might have been further traumatized by having to testify. Mr. Ebrahimian's mental health issues mean that while the offences are perhaps as serious as they can be, his moral culpability is reduced.

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 15 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: M. Fortino, S. Bertrand
Defence: D. Turko, K.C., T. Magder, Z. Zwanenburg

Sources

  1. R. v. Ebrahimian, 2022 BCSC 2290 Court decision, CanLII, December 19, 2022[53] Both Crown and defence agree that the appropriate period of parole ineligibility is 15 years. They have presented this as a joint submission.[53] Both Crown and defence agree that the appropriate period of parole ineligibility is 15 years. They have presented this as a joint submission.[64] As noted earlier, a sentence of life imprisonment without eligibility for parole for at least 10 years is mandatory upon a conviction for second degree murder. That comes from s. 745(c) of the Criminal Code.[2] On October 3, 2022, on the eighth day of a scheduled 19‑day trial, Kia Ebrahimian pleaded guilty to the second-degree murder of three members of his family.[72] I find the mitigating circumstances to be as follows:…a) the absence of any criminal history on Mr. Ebrahimian's part;[74] At the same time, the mitigating factors weigh substantially here. The guilty pleas, made as soon as reasonably possible, cut the trial short and obviated the need to call at least one witness who might have been further traumatized by having to testify. Mr. Ebrahimian's mental health issues mean that while the offences are perhaps as serious as they can be, his moral culpability is reduced.[80] … For the reasons given, I hereby sentence you on each count to imprisonment for life without eligibility for parole until you have served 15 years of your sentence. These sentences will be served concurrently.
  2. R. v. Ebrahimian, 2022 BCSC 2290 Court decision, Courts of British Columbia

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