Second degree murder, Attempted murder with a firearm
R. v. Charlie
- 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
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
1Given 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.
The record
- Convicted of
- Second degree murder (CC 231(7), 2 counts)
- Attempted murder with a firearm (CC 239(1)(a.1))
- 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
- 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.
- R. v. Charlie, 2022 BCSC 641 Court decision, Courts of British Columbia