Second degree murder
R. v. Sylliboy
- 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
Kevin Brian Sylliboy was found guilty after a judge-alone trial of second degree murder for fatally shooting the victim in Millbrook in 2018. The Crown sought 17 years of parole ineligibility and the defence 10 to 12 years. Justice Hunt imposed the mandatory life sentence with parole ineligibility of 15 years, finding the defence range too low given his record for violence and the Crown's 17 years above the range in light of his background and some prospects for rehabilitation.
In the judge's words
1After having assessed all the factors and caselaw, I have concluded that the 10 to 12 years referred to by the Defence falls below the proper range. But I have also concluded that the 17-year period sought by the Crown falls outside the range at the top end.
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
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Patrick Young, Jody McNeill
Defence: Zeb Brown
Sources
- R. v. Sylliboy, 2022 NSSC 213 Court decision, CanLII, July 13, 2022
[9] They say that the appropriate range of parole ineligibility in this case is between 15 to 20 years. And within that range they specifically submit that the circumstances of this offence and this offender warrant that the period be set at 17 years.
[10] The Defence submits that the appropriate period of ineligibility ought to fall between 10 and 12 years.
[5] In accordance with the Criminal Code, Mr. Sylliboy will be subject to this mandatory punishment as directed by law.
[1] Before the Court for sentencing this afternoon is Kevin Brian Sylliboy.
[72] After having assessed all the factors and caselaw, I have concluded that the 10 to 12 years referred to by the Defence falls below the proper range. But I have also concluded that the 17-year period sought by the Crown falls outside the range at the top end.
[76] As I noted at the beginning of these reasons, the only sentence for murder is life imprisonment. And that is the sentence imposed by the Court. … [79] With respect to the period of parole ineligibility, it is the determination of the Court that Kevin Brian Sylliboy must serve a minimum period of 15 years before being eligible to apply for parole.
- R. v. Sylliboy, 2022 NSSC 213 Court decision, Courts of Nova Scotia