Second degree murder

R. v. W.W.C.

A publication ban applies. The offender is not named.

  • On release at the time

Sentence and the Crown's position

Crown askedLife, no parole for 18 years1
Judge imposedLife imprisonment on each of two counts, no parole eligibility for 18 years1

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 18 years
Judge imposedLife, no parole for 18 years
Defence askedLife, no parole for 12 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.

A jury convicted the offender of two counts of second degree murder for the May 2021 killings of two men on a remote forest service road near Naramata, where they had come for a large drug sale. The Crown sought life imprisonment with parole ineligibility of 18 years and the defence 12 years. Justice Brown imposed life imprisonment with no parole eligibility for 18 years on each count, citing the brutal, gratuitously violent nature of the killings, the steps taken to conceal them, and the offender being on bail at the time.

In the judge's words

Denunciation and deterrence are the paramount sentencing principles that apply in this case. The murders occurred against the backdrop of engagement in a criminal enterprise and must be properly denounced and deterred.

1

The record

Convicted of
Prior convictions
Not recorded
At the time of the offence
On bail1
Defence asked for
Life, no parole for 12 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: A. Willms, K. Johnston, N. Grégoire, M. Rygus
Defence: J. Watt

Sources

  1. R. v. W.W.C., 2024 BCSC 2253 Court decision, CanLII, November 19, 2024[3] In this case, the Crown says that the appropriate sentence is life imprisonment without eligibility for parole on each of the two counts for a period of 18 years.[3] … The defence says that the appropriate sentence is life imprisonment without eligibility for parole for each of the two counts for 12 years.[1] … A conviction for second degree murder means that … receives a mandatory sentence of life imprisonment with no eligibility for parole for at least 10 years.[49] … was on bail, subject to conditions, at the time of these offences.[50] Denunciation and deterrence are the paramount sentencing principles that apply in this case. The murders occurred against the backdrop of engagement in a criminal enterprise and must be properly denounced and deterred.[1] … A conviction for second degree murder means that … receives a mandatory sentence of life imprisonment with no eligibility for parole for at least 10 years. … [52] Considering the cases provided to me by the Crown and by the defence, in my view it is appropriate that the period of parole ineligibility be fixed at 18 years for each offence.
  2. R. v. W.W.C., 2024 BCSC 2253 Court decision, Courts of British Columbia

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