Second degree murder
R. v. Brushett
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
Tyere Divell Brushett was convicted by a jury of second-degree murder for shooting the victim in the victim's home. The Crown asked that parole ineligibility be set at 13 years and the defence asked for 10 years. Justice Arnold imposed the mandatory life sentence with no parole eligibility for 13 years, citing his criminal record and entrenched criminal lifestyle, weighed against his very challenging background as described in an Impact of Race and Culture Assessment.
In the judge's words
1Considering cases that involve similar offenders and similar situations, including the circumstances of this offence, Mr. Brushett’s criminal record, his entrenched criminal lifestyle, but also considering the mitigating factor of his very challenging background as described in the IRCA, I agree with the Crown that the appropriate period for parole ineligibility is 13 years.
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: Scott Morrison and Erica Koresawa
Defence: Jonathan Hughes
Sources
- R. v. Brushett, 2024 NSSC 208 Court decision, CanLII, July 12, 2024
[10] The Crown says that Mr. Brushett’s parole ineligibility date for the second-degree murder conviction should be set at 13 years.
[11] Mr. Brushett says that his parole ineligibility should be set at 10 years.
[7] The Criminal Code, R.S.C., 1985, c. C-46 (the “Code”), sets out the punishment for murder. … (2) For the purposes of Part XXIII, the sentence of imprisonment for life prescribed by this section is a minimum punishment.
[1] Tyere Brushett shot and killed his stepfather, … A jury convicted him of second-degree murder.
[38] Considering cases that involve similar offenders and similar situations, including the circumstances of this offence, Mr. Brushett’s criminal record, his entrenched criminal lifestyle, but also considering the mitigating factor of his very challenging background as described in the IRCA, I agree with the Crown that the appropriate period for parole ineligibility is 13 years.
[38] … It must always be kept in mind that he is sentenced to prison for life. He will only be able to commence his requests for parole once he has served 13 years in prison.
- R. v. Brushett, 2024 NSSC 208 Court decision, Courts of Nova Scotia