Second degree murder

R. v. Crossley

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 16 years1
Judge imposedLife imprisonment, no parole eligibility for 14 years1
2 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 16 years
Judge imposedLife, no parole for 14 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.

Ryan Ross Crossley was convicted by a jury of second degree murder for fatally stabbing a man in New Westminster in November 2021. The Crown sought parole ineligibility of 16 to 17 years; the defence sought 10 years, which the jury had also recommended. Justice Mayer imposed life imprisonment with no parole eligibility for 14 years, citing the violent, purposeful and prolonged attack and his prior record, including a manslaughter conviction.

In the judge's words

The events giving rise to Ryan Crossley's conviction were, violent, purposeful and prolonged. Ryan Crossley's conduct must be soundly denounced and his future conduct and others who contemplate such conduct must be deterred. I am not satisfied that this case falls at the high end of the scale of moral culpability and dangerousness justifying a period of parole ineligibility of over 15 years, but it is close.

1

The record

Convicted of
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: R. Flannigan
Defence: S. Wright

Sources

  1. R. v. Crossley, 2024 BCSC 1022 Court decision, CanLII, April 23, 2024[49] The Crown seeks a sentence of life imprisonment without eligibility for parole for a period of 16 to 17 years[50] Ryan Crossley seeks a sentence of 10 years before he becomes eligible for parole.[2] 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.[1] THE COURT: Ryan Crossley was charged with second degree murder[72] The events giving rise to Ryan Crossley's conviction were, violent, purposeful and prolonged. Ryan Crossley's conduct must be soundly denounced and his future conduct and others who contemplate such conduct must be deterred. I am not satisfied that this case falls at the high end of the scale of moral culpability and dangerousness justifying a period of parole ineligibility of over 15 years, but it is close.[79] Ryan Crossley, I sentence you to imprisonment for life with no eligibility for parole until you have served 14 years.
  2. R. v. Crossley, 2024 BCSC 1022 Court decision, Courts of British Columbia

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