Second degree murder

R. v. Holt

Sentence and the Crown's position

Crown askedLife, no parole for 10 years1
Judge imposedLife imprisonment, no parole for 10 years1

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 10 years
Judge imposedLife, no parole for 10 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.

Brian Roger Holt pleaded guilty to the second degree murder of his 78-year-old former employer at the victim's Vancouver business. Crown and defence jointly proposed life imprisonment with parole ineligibility set at the statutory minimum of 10 years. Justice Ker accepted the joint submission and imposed life imprisonment without parole eligibility for 10 years, citing his guilty plea, lack of a criminal record and realistic prospects for rehabilitation.

In the judge's words

Finally, Mr. Holt's potential for rehabilitation appears to be realistic. He has tried very hard to resolve his longstanding alcohol addiction and appears to be genuinely committed to maintaining sobriety.

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: B. McCabe, K. Gallo
Defence: J. Heller

Sources

  1. R. v. Holt, 2022 BCSC 2364 Court decision, CanLII, July 28, 2022[6] At this sentencing hearing, the Crown and the defence presented a joint submission on sentence. They both recommended the same sentence be imposed in the circumstances: the automatic life sentence with the parole ineligibility period set at the statutory minimum of 10 years' imprisonment as provided by s. 745(c) of the Code.[6] At this sentencing hearing, the Crown and the defence presented a joint submission on sentence. They both recommended the same sentence be imposed in the circumstances: the automatic life sentence with the parole ineligibility period set at the statutory minimum of 10 years' imprisonment as provided by s. 745(c) of the Code.[3] 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] Brian Roger Holt 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, R.S.C. 1985, c. C-46 [Code].[51] Mr. Holt has no criminal record.[78] Finally, Mr. Holt's potential for rehabilitation appears to be realistic. He has tried very hard to resolve his longstanding alcohol addiction and appears to be genuinely committed to maintaining sobriety.[84] I sentence you to imprisonment for life without eligibility for parole until you have served at least 10 years, commencing on the date you were taken into custody.
  2. R. v. Holt, 2022 BCSC 2364 Court decision, Courts of British Columbia

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