Second degree murder

R. v. H.A.M.

A publication ban applies. The offender is not named.

Sentence and the Crown's position

Crown askedLife, no parole for 17 years1
Judge imposedLife imprisonment, no parole eligibility for 17 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 17 years
Judge imposedLife, no parole for 17 years
Defence askedLife, no parole for 17 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.

The offender was sentenced for the second degree murder of a bystander, shot in the back of the head in February 2019 while the offender was acting as an enforcer in a drug-trade dispute; the Court of Appeal had substituted second degree murder for the jury's first degree murder verdict. The Crown and the defence jointly submitted life imprisonment with parole ineligibility of 17 years. Associate Chief Justice Holmes accepted the joint submission and imposed life imprisonment with no parole eligibility for 17 years, finding it consistent with the case authorities.

In the judge's words

In my view, the sentence proposed in the joint submission properly reflects the circumstances and the governing law, and is consistent with the case authorities. It does not offend the public interest test outlined in R. v. Anthony-Cook, 2016 SCC 43.

1

The record

Convicted of
Prior convictions
60 prior convictions, 11 violent1
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 17 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: S. Firestone
Defence: J. Watt

Sources

  1. R. v. H.A.M., 2024 BCSC 2292 Court decision, CanLII, November 22, 2024[4] The Crown and the defence join in submitting that in this case the period of ineligibility to apply for parole should be 17 years.[4] The Crown and the defence join in submitting that in this case the period of ineligibility to apply for parole should be 17 years.[3] For second degree murder, the sentence must be imprisonment for life.[17] The aggravating circumstances include the criminal record which starts in 1985 and has sixty convictions. Eleven of those convictions involve violence and ten convictions involve the use of weapons.[20] In my view, the sentence proposed in the joint submission properly reflects the circumstances and the governing law, and is consistent with the case authorities. It does not offend the public interest test outlined in R. v. Anthony-Cook, 2016 SCC 43.[24] … you are sentenced to imprisonment for life. … [25] You will not be eligible to apply for parole for a period of 17 years.
  2. R. v. H.A.M., 2024 BCSC 2292 Court decision, Courts of British Columbia

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