Second degree murder
R. v. Holt
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
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
1Finally, 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.
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 10 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: B. McCabe, K. Gallo
Defence: J. Heller
Sources
- 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.
- R. v. Holt, 2022 BCSC 2364 Court decision, Courts of British Columbia