Second degree murder, Aggravated assault

R. v. MacLeod

Sentence and the Crown's position

Crown askedLife, no parole for 12 years1
Judge imposedLife imprisonment, no parole for 12 years; concurrent 5 and 7 years for two aggravated assaults1

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 12 years
Judge imposedLife, no parole for 12 years
Defence askedLife, no parole for 12 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.

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

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.

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 12 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: J.D. Hempstead
Defence: D.M. Turko, K.C., Z. Zwanenburg

Sources

  1. 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.
  2. R. v. MacLeod, 2023 BCSC 1411 Court decision, Courts of British Columbia

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