Second degree murder
R. v. W.R.C.
A publication ban applies. The offender is not named.
- Below the Crown's ask
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
The offender pleaded guilty to second degree murder, after stabbing a man who had already been shot and stabbed by a co-accused, and to unlawfully storing and transporting a shotgun. The Crown sought parole ineligibility of 13 to 15 years; the defence sought the minimum 10 years. Justice Muise imposed life imprisonment with parole ineligibility of 10 years, citing the guilty plea, an unprompted confession, the offender's FASD and ADHD, and Gladue factors. A concurrent 15 days' imprisonment was imposed on the firearm count.
In the judge's words
1Applying the principle of restraint, which I am directed by the Criminal Code to do, I agree with the Defence that the appropriate period of parole ineligibility in the case at hand is 10 years. Thus, there is no reason to increase it.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- 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: William Ferguson and Chelsea Cottreau
Defence: Alexander Pink and Colin Fraser
Sources
- R. v. W.R.C., 2023 NSSC 317 Court decision, CanLII, May 30, 2023
[7] The Crown recommends a period of parole ineligibility of 13 to 15 years and emphasizes the following:
[8] The Defence submits the minimum 10 years’ parole ineligibility is appropriate and emphasizes the following:
[4] Pursuant to s. 235 and s. 745 of the Criminal Code, the sentence for second degree murder is automatically life imprisonment without eligibility for parole for at least 10 years.
[97] Applying the principle of restraint, which I am directed by the Criminal Code to do, I agree with the Defence that the appropriate period of parole ineligibility in the case at hand is 10 years. Thus, there is no reason to increase it.
[101] Therefore, I sentence … to life imprisonment. … [102] He must serve 10 years of that sentence before being eligible to apply for parole.
- R. v. W.R.C., 2023 NSSC 317 Court decision, Courts of Nova Scotia