Second degree murder
R. v. Rashid
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
Yasin Jemal Rashid was found guilty of second degree murder for fatally stabbing a fellow resident of a Vancouver residential mental health facility, after the court rejected his not criminally responsible defence. The Crown sought 12 years of parole ineligibility. Justice N. Smith imposed life imprisonment with no parole eligibility for 12 years, finding that concerns about rehabilitation and future dangerousness outweighed any diminished moral culpability arising from his mental disorder.
In the judge's words
1[24] Balancing all the considerations in this case, including some diminished moral culpability on the part of Mr. Rashid, and balancing these considerations as best they can be balanced in these tragic circumstances, I find that concerns about the possibility of rehabilitation and future dangerousness outweigh any diminished moral culpability arising from his mental disorder, and the Crown has demonstrated a need for an extended period of parole ineligibility.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: M.E. Donnelly
Defence: A.C. Nelson, J.L. Dawkins
Sources
- R. v. Rashid, 2023 BCSC 746 Court decision, CanLII, April 21, 2023
[3] The only issue on this sentence hearing is whether that period of parole ineligibility should be extended. The Crown seeks a period of 12 years.
[2] Mr. Rashid has been found guilty of second degree murder. Sections 235 and 745 of the Criminal Code, R.S.C. 1985, c. C-46, combine to require a life sentence with no eligibility for parole for at least 10 years.
[2] Mr. Rashid has been found guilty of second degree murder.
[16] Mitigating factors here include the lack of a criminal record, although there was a conditional discharge for an offence, and Mr. Rashid was still subject to conditions at the time of this offence.
[24] Balancing all the considerations in this case, including some diminished moral culpability on the part of Mr. Rashid, and balancing these considerations as best they can be balanced in these tragic circumstances, I find that concerns about the possibility of rehabilitation and future dangerousness outweigh any diminished moral culpability arising from his mental disorder, and the Crown has demonstrated a need for an extended period of parole ineligibility.
[25] Mr. Rashid, I must sentence you to life imprisonment with no eligibility to apply for parole for a period of 12 years.
- R. v. Rashid, 2023 BCSC 746 Court decision, Courts of British Columbia