Second degree murder, Attempted murder with a firearm
R. v. Wareing
- 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
A jury found Justin Michael Wareing guilty of second degree murder and attempted murder with a firearm after he opened fire with a 3-D printed handgun in a Maple Ridge residence, killing one victim and wounding another. The Crown sought life imprisonment with no parole for 18 to 20 years; the defence sought 13 years of parole ineligibility. Justice Blok imposed life imprisonment with no parole eligibility for 14 years, and 13 years for the attempted murder, citing his use of the handgun while under a lifetime weapons prohibition and his record for violence.
In the judge's words
1The use of this particular firearm, a 3-D printed handgun, while under a lifetime weapons prohibition is particularly aggravating.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Attempted murder with a firearm (CC 239(1)(a.1))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 13 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: J.-B. Deschamps
Defence: S. Buck, K.C., S. Hiscock
Sources
- R. v. Wareing, 2024 BCSC 1895 Court decision, CanLII, October 11, 2024
[6] The Crown says that for the murder conviction, the appropriate sentence here is life imprisonment without eligibility for parole for a period between 18 and 20 years. For the offence of attempted murder using a firearm, the Crown seeks a 20 year jail sentence.
[7] The defence says the appropriate period of parole ineligibility in this case is 13 years, and the appropriate range of sentence for the attempted murder conviction is 12 to 14 years.
[3] A conviction for second degree murder carries with it a mandatory sentence of life imprisonment with no eligibility for parole for at least 10 years.
[145] Justin Wareing, for the second degree murder of
[125] I have reviewed the aggravating facts earlier. The use of this particular firearm, a 3-D printed handgun, while under a lifetime weapons prohibition is particularly aggravating.
[145] Justin Wareing, for the second degree murder of … I sentence you to life imprisonment with no eligibility for parole for a period of 14 years. … [146] For the attempted murder of … I sentence you to imprisonment for 13 years.
- R. v. Wareing, 2024 BCSC 1895 Court decision, Courts of British Columbia