Second degree murder, Attempted murder with a firearm

R. v. Charlie

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 16 years1
Judge imposedLife imprisonment, no parole for 15 years, on each murder count; 13 years concurrent for attempted murder1
1 year less parole ineligibility than the Crown asked

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 16 years
Judge imposedLife, no parole for 15 years
Defence askedLife, no parole for 12 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.

Perry Charlie was convicted after trial of two counts of second degree murder and one count of attempted murder for a 2017 shooting in Prince George in which three men opened fire with shotguns on a parked car. The Crown sought 16 years of parole ineligibility and the defence proposed 12 to 13 years. Justice Church imposed life imprisonment with no eligibility for parole for 15 years, with a concurrent 13 years for attempted murder, placing the ineligibility period at the lower end of the range because of the circumstances in the Gladue report and the mitigating factors.

In the judge's words

Given the particular circumstances of Mr. Charlie, specifically the circumstances outlined in the Gladue report, the mitigating and aggravating factors, and the relevant sentencing principles, I find that the appropriate parole ineligibility period should be at the lower end of that range at 15 years.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 12 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: M.L. Ahrens
Defence: J.C. LeBlond

Sources

  1. R. v. Charlie, 2022 BCSC 641 Court decision, CanLII, March 9, 2022[24] With respect to the offences of second degree murder, the Crown submitted that an appropriate period of parole ineligibility in this case is 16 years.[25] Counsel for Mr. Charlie submits that an appropriate period of parole ineligibility would be 12 to 13 years[19] Attempted murder where a firearm is used in the commission of the offence carries a maximum potential sentence of imprisonment for life and a minimum sentence of imprisonment of four years, pursuant to s. 239(1)(a.1) of the Criminal Code.[3] On November 19, 2019, following a trial, I convicted Perry Charlie of the second degree murders of[78] Given the particular circumstances of Mr. Charlie, specifically the circumstances outlined in the Gladue report, the mitigating and aggravating factors, and the relevant sentencing principles, I find that the appropriate parole ineligibility period should be at the lower end of that range at 15 years.[82] Mr. Charlie, would you please stand? For the offence of second degree murder of … I sentence you to life imprisonment. You will not be eligible to apply for parole for a period of 15 years. … [85] All of those sentences are to be served concurrently.
  2. R. v. Charlie, 2022 BCSC 641 Court decision, Courts of British Columbia

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