Second degree murder
R. v. T.A.L.
A publication ban applies. The offender is not named.
- Below the Crown's ask
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
The offender pleaded guilty to the second degree murder of a stranger, whom he attacked with a machete in Stanley Park in February 2017. The Crown sought parole ineligibility of 15 to 18 years and the defence 10 years. Justice Gerow imposed life imprisonment with no eligibility for parole for 14 years, finding deterrence, denunciation and protection of the public paramount given the planning, violence and the offender's future dangerousness, while weighing his guilty plea, remorse, mental illness and Gladue factors.
In the judge's words
1While no single sentencing objective trumps others, it is my view that in the particulars of this case, the sentencing principles of deterrence, denunciation, and the protection of the public are paramount and call for a setting of the parole ineligibility above the minimum range.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 10 years1
- Appeal
- Not yet checked
- Counsel
- Crown: D.P. Montrichard
Defence: J. Heller
Sources
- https://www.canlii.org/en/bc/bcsc/doc/2022/2022bcsc425/2022bcsc425.html Court decision
[2] On this sentencing hearing, the Crown takes the position that the appropriate sentence for … is life imprisonment without eligibility for parole for at least 15 to 18 years.
[3] The defence submits that this is not a case which should be taken out of the median of cases, and parole ineligibility should be set at 10 years.
[59] While no single sentencing objective trumps others, it is my view that in the particulars of this case, the sentencing principles of deterrence, denunciation, and the protection of the public are paramount and call for a setting of the parole ineligibility above the minimum range.
[62] … I sentence you to life imprisonment with no eligibility for parole for 14 years for the second degree murder of …
- R. v. T.A.L., 2022 BCSC 425 Court decision, Courts of British Columbia