Conspiracy to commit murder
R. v. Janic
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Stefan Janic pleaded guilty to conspiracy to commit murder after police intercepted his plans in October 2019 to shoot a man in Burnaby with a firearm supplied by co-conspirators, and stopped the vehicle before any attempt was made. The Crown sought eight years; the defence sought four years. Justice N. Smith imposed five years in prison less 95 days of credit for pre-trial custody, citing his lack of a criminal record, remorse, guilty plea and rehabilitation efforts since his release in December 2019, while finding his moral blameworthiness high.
In the judge's words
1While there is no dispute about the fact that a significant prison sentence is necessary to meet the goals of denunciation and deterrence, that sentence must not be so lengthy that it permanently disrupts all of Mr. Janic's beneficial connections to work, family, and the community.
The record
- Convicted of
- Conspiracy to commit murder (CC 465(1)(a))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 4 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: D.P. Montrichard; P.J. Thistle
Defence: C. Elden; G.M. Ng
Sources
- R. v. Janic, 2022 BCSC 958 Court decision, CanLII, April 22, 2022
[36] The penalty for the offence of conspiracy to commit murder, as set out in s. 465(1)(a) of the Criminal Code, is life imprisonment. There is no minimum sentence. The Crown in this case seeks a sentence of eight years.
[36] The penalty for the offence of conspiracy to commit murder, as set out in s. 465(1)(a) of the Criminal Code, is life imprisonment. … Defence counsel submits that four years would be appropriate.
[36] The penalty for the offence of conspiracy to commit murder, as set out in s. 465(1)(a) of the Criminal Code, is life imprisonment. There is no minimum sentence.
[1] THE COURT: Stefan Janic pleaded guilty to conspiracy to commit murder and is now before the court for sentencing.
[19] Turning to the circumstances of the offender, Mr. Janic was 25 years old at the time of the offence and is now 29. … He has a Grade 12 education, no criminal record, and works as a longshoreman.
[53] While there is no dispute about the fact that a significant prison sentence is necessary to meet the goals of denunciation and deterrence, that sentence must not be so lengthy that it permanently disrupts all of Mr. Janic's beneficial connections to work, family, and the community.
[55] Balancing all of the factors that I must take into account, I sentence you to five years in prison, less 95 days as credit for pre-trial custody.
- R. v. Janic, 2022 BCSC 958 Court decision, Courts of British Columbia