Second degree murder, Aggravated assault
R. v. MacLeod
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
David Brayden MacLeod pleaded guilty on the first day of trial to second-degree murder and two counts of aggravated assault, committed in April 2021 against his estranged wife and two men. The Crown and defence jointly proposed life imprisonment with parole ineligibility of 12 years, with concurrent terms of five and seven years for the aggravated assaults. Justice Basran accepted the joint submission, finding the 12-year ineligibility period reasonable given the impact on the victims and that the violence was directed at his intimate partner and her friends.
In the judge's words
1A life sentence is mandated for second-degree murder. I am satisfied that the parole ineligibility period of 12 years is reasonable because it takes into account the impacts of these terrible crimes on the victims and the aggravating factor that this violence was perpetrated on Mr. MacLeod's intimate partner and her friends.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Aggravated assault (CC 268, 2 counts)
- Prior convictions
- 0 prior convictions1
- 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: J.D. Hempstead
Defence: D.M. Turko, K.C., Z. Zwanenburg
Sources
- R. v. MacLeod, 2023 BCSC 1411 Court decision, CanLII, August 9, 2023
[4] The Crown and defence, by way of a joint submission, propose the following sentence: … a) Count 1 - second-degree murder - life imprisonment with parole ineligibility of 12 years;
[4] The Crown and defence, by way of a joint submission, propose the following sentence: … a) Count 1 - second-degree murder - life imprisonment with parole ineligibility of 12 years;
[19] The mandatory sentence for second-degree murder is life imprisonment: s. 235 of the Criminal Code.
[2] On February 13, 2023, Mr. MacLeod pleaded guilty to committing the second-degree murder of … on April 10, 2021, contrary to s. 235(1) of the Criminal Code, R.S.C. 1985, c. C-46.
a) At the time of the offences, Mr. MacLeod had no prior criminal record;
[39] A life sentence is mandated for second-degree murder. I am satisfied that the parole ineligibility period of 12 years is reasonable because it takes into account the impacts of these terrible crimes on the victims and the aggravating factor that this violence was perpetrated on Mr. MacLeod's intimate partner and her friends.
[43] I impose on you a life sentence with no eligibility for parole for 12 years for the offences set out in the indictment, to be served concurrently.
- R. v. MacLeod, 2023 BCSC 1411 Court decision, Courts of British Columbia