Second degree murder

R. v. Wesley

Sentence and the Crown's position

Crown askedLife, no parole for 20 years1
Judge imposedLife imprisonment, no parole eligibility for 20 years1

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 20 years
Judge imposedLife, no parole for 20 years
Defence askedLife, no parole for 20 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.

Kevin Percy Wesley pleaded guilty to second degree murder for luring a man to a park in Abbotsford and killing him in a planned attack with a garrote and a knife. The Crown and defence jointly proposed life imprisonment with no parole eligibility for 20 years. Justice Dley accepted the joint submission, finding the appropriate range of parole ineligibility was 18 to 22 years, and imposed life imprisonment without parole eligibility for 20 years.

In the judge's words

I am satisfied that the proposed sentence is appropriate. I have been provided with all of the information from Crown and defence as to how the guilty plea came about, the rationale for the plea, and the basis for the proposed 20‑year 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 20 years1
Appeal
Not yet checked
Counsel
Crown: T. Iandiorio
Defence: W.M. Finch, K.C.

Sources

  1. R. v. Wesley, 2023 BCSC 1273 Court decision, CanLII, July 5, 2023[2] The Criminal Code, R.S.C. 1985, c. C-46, sets out that the range for parole eligibility regarding second degree murder is between 10 and 25 years. It is proposed jointly that Mr. Wesley not be eligible for parole for a period of 20 years.[2] The Criminal Code, R.S.C. 1985, c. C-46, sets out that the range for parole eligibility regarding second degree murder is between 10 and 25 years. It is proposed jointly that Mr. Wesley not be eligible for parole for a period of 20 years.[1] THE COURT: Mr. Wesley has pled guilty to the second degree murder of … The court has been presented with a joint submission.[30] The mitigating circumstances include the guilty plea and the absence of a criminal record.[36] I am satisfied that the proposed sentence is appropriate. I have been provided with all of the information from Crown and defence as to how the guilty plea came about, the rationale for the plea, and the basis for the proposed 20‑year sentence.[39] I am satisfied that the appropriate sentence is life imprisonment without eligibility for parole for 20 years.
  2. R. v. Wesley, 2023 BCSC 1273 Court decision, Courts of British Columbia

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