Second degree murder

R. v. Sandeson

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 22 years1
Judge imposedLife imprisonment, no parole for 15 years1
7 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 22 years
Judge imposedLife, no parole for 15 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.

William Michael Sandeson was found guilty by a jury of second degree murder for shooting the victim during a marijuana deal in his Halifax apartment in August 2015 and disposing of the body. The Crown sought parole ineligibility of 22 years; the defence sought 10 to 12 years. Justice Chipman imposed the mandatory life sentence with no parole eligibility for 15 years, finding the defence range too low and the Crown's position outside the proper range.

In the judge's words

After having assessed all the factors and caselaw, I have concluded that the 10 – 12 years requested by the Defence while within the proper range, falls below what is warranted. At the same time I must conclude that the 22-year period sought by the Crown falls outside the proper range.

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: Carla Ball, Kimberley McOnie
Defence: Alison Craig

Sources

  1. R. v. Sandeson, 2023 NSSC 130 Court decision, CanLII, April 20, 2023[7] The Crown submits that a period of parole eligibility of 22 years is warranted for Mr. Sandeson.[9] The defence takes strong issue with the Crown’s position. Mr. Sandeson submits that a period of parole eligibility of 10 – 12 years is appropriate.[2] There is only one possible sentence for murder. … [5] In accordance with the Code, Mr. Sandeson will be subject to the mandatory punishment.[1] William Michael Sandeson’s jury trial took place during January and February of this year.[10] In arguing for a lesser amount of parole eligibility, the Defence notes that Mr. Sandeson had no criminal record and that his prospects for rehabilitation are good.[43] After having assessed all the factors and caselaw, I have concluded that the 10 – 12 years requested by the Defence while within the proper range, falls below what is warranted. At the same time I must conclude that the 22-year period sought by the Crown falls outside the proper range.[45] As I noted at the outset, the only sentence for murder is life imprisonment. Accordingly, life imprisonment is the sentence imposed by the Court. … [47] With respect to the period of parole eligibility, it is the determination of the Court that William Michael Sandeson must serve a minimum period of 15 years before being eligible to apply for parole.
  2. R. v. Sandeson, 2023 NSSC 130 Court decision, Courts of Nova Scotia

publicly
Sentence Watch is part of Publicly: sites built from government and court records, with every fact linked to its source. Publicly is not affiliated with any government. Visits are counted with Google Analytics, which sets cookies.