Second degree murder, Aggravated assault

R. v. Chapman

Sentence and the Crown's position

Crown askedLife, no parole for 18 years1
Judge imposedLife imprisonment, no parole for 18 years; 7 years concurrent on each aggravated assault1

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 18 years
Judge imposedLife, no parole for 18 years
Defence askedLife, no parole for 18 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.

Alan Charles Chapman pleaded guilty to second degree murder and two counts of aggravated assault after breaking into a Central Saanich home in May 2019, fatally stabbing a young woman he mistook for a former partner and stabbing two men who tried to stop him. The Crown and defence jointly proposed life imprisonment with parole ineligibility of 18 years and seven years concurrent on each aggravated assault. Justice Saunders accepted the joint submission, finding the case fell in the middle of the 15 to 20 year range for the highest degree of moral culpability.

In the judge's words

In crimes of such violence, I agree with the Crown's submission that the paramount sentencing objectives are denunciation, deterrence, and the separation of offenders from society. The sentencing objective of rehabilitation is important, but is, in these circumstances, of secondary importance. A very lengthy sentence of imprisonment is clearly required to meet the Criminal Code sentencing objectives.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 18 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: J.R. Patterson and P. Donnachie
Defence: J.D. Watt

Sources

  1. R. v. Chapman, 2022 BCSC 2454 Court decision, CanLII, November 14, 2022[16] The issue before me in respect of the murder of … is the length of the life sentence during which Mr. Chapman will be ineligible for parole. The Crown and the defence jointly submit that the appropriate ineligibility period is 18 years.[16] The issue before me in respect of the murder of … is the length of the life sentence during which Mr. Chapman will be ineligible for parole. The Crown and the defence jointly submit that the appropriate ineligibility period is 18 years.[15] The Criminal Code s. 745(c) provides that, in respect of a person convicted of second degree murder, the sentence is imprisonment for life without eligibility for parole until at least 10 years, but not more than 25 years, of the sentence having been served. That sentence of life imprisonment is the sentence that I will impose today.The perpetrator of that violence, Alan Charles Chapman, is before me for sentencing on one count of second-degree murder and two counts of aggravated assault.[24] In crimes of such violence, I agree with the Crown's submission that the paramount sentencing objectives are denunciation, deterrence, and the separation of offenders from society. The sentencing objective of rehabilitation is important, but is, in these circumstances, of secondary importance. A very lengthy sentence of imprisonment is clearly required to meet the Criminal Code sentencing objectives.[39] Alan Charles Chapman, on the count of the second degree murder of … I sentence you to imprisonment for life with your period of parole ineligibility being set at 18 years. [40] With respect to the second and third counts of the indictment, the aggravated assaults on … I sentence you to sentences each of seven years to be served concurrently and concurrently with the life sentence.
  2. R. v. Chapman, 2022 BCSC 2454 Court decision, Courts of British Columbia

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