Second degree murder

R. v. Hollohan

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 14 years1
Judge imposedLife imprisonment, no parole for 10 years1
4 years 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 14 years
Judge imposedLife, no parole for 10 years
Defence askedLife, no parole for 10 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.

Brandon Jake Hollohan was convicted by a jury of second degree murder for killing a woman in her Dartmouth apartment in January 2018 while trying to steal pills or cash. He received the mandatory life sentence, and the Crown sought a 14-year period of parole ineligibility while the defence sought 10 years. Justice Coady left parole ineligibility at 10 years, citing his remorse, his long-standing efforts at addiction recovery, his lack of a criminal record and the recommendation of six jurors, and finding that denunciation and deterrence were addressed by the life sentence.

In the judge's words

This is one of those cases where society can be protected best by a focus on rehabilitation. A healthy concern for denunciation and deterrence is warranted given the brutality of this murder. However, I am satisfied that those objectives can be addressed by the life sentence.

1

The record

Convicted of
Prior convictions
0 prior convictions1
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: Robert Kennedy
Defence: Sarah White and Trevor McGuigan

Sources

  1. R. v. Hollohan, 2022 NSSC 364 Court decision, CanLII, December 9, 2022[1] … The Crown seeks a 14-year period while the Defence argues for 10 years.[1] … The Crown seeks a 14-year period while the Defence argues for 10 years.[12] Parole ineligibility is governed by Section 745.4 which states: … As a general rule, the period of parole ineligibility shall be for 10 years, but this can be ousted by a determination by the trial judge that, according to the criteria set out in this section, the accused should wait a longer period before having his suitability to be released into the general public assessed. It should not be forgotten that Mr. Hollohan will serve a life sentence notwithstanding this Court’s ruling on parole ineligibility.[1] On March 21, 2022, Mr. Hollohan was convicted by a jury of the following offence:[28] Mr. Hollohan was 23 years old at the time of the offence. He was a severe addict and did not have a criminal record.[39] … This is one of those cases where society can be protected best by a focus on rehabilitation. A healthy concern for denunciation and deterrence is warranted given the brutality of this murder. However, I am satisfied that those objectives can be addressed by the life sentence.[1] … He was handed a life sentence and was immediately taken into custody. … [39] … It is the decision of this court that Mr. Hollohan’s parole ineligibility period remain at ten (10) years.
  2. R. v. Hollohan, 2022 NSSC 364 Court decision, Courts of Nova Scotia

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