Second degree murder
R. v. Willis
- Below the Crown's ask
- On release at the time
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
Richard George Willis was convicted by a jury of second degree murder after he broke into the home of an 84-year-old woman in July 2020 and strangled her. The Crown sought parole ineligibility of 22 years, and the defence proposed 10 to 15 years. Justice Chipman imposed life imprisonment without eligibility for parole for 20 years, finding that Mr. Willis had a lengthy record of violence against elderly victims and did not have good prospects of rehabilitation.
In the judge's words
1I disagree with the Defence recommendation of 10 – 15 years. Afterall, the caselaw tells us that this range “is reserved for those offenders for whom the prospect of rehabilitation appear good and little would be served by extending the period of parole ineligibility other than to further the sentencing objectives of denunciation and retribution”. The information contained in the PSR and IRCA confirm that Mr. Willis does not have good prospects of rehabilitation.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- Life, no parole for 10 years1
- Appeal
- Not yet checked
- Counsel
- Crown: Robert Kennedy, Scott Morrison
Defence: Godfred Chongatera, Laura McCarthy
Sources
- R. v. Willis, 2024 NSSC 222 Court decision, CanLII, July 31, 2024
[9] The Crown submits that 22 years parole eligibility is appropriate given the particularly brutal nature of the offence, the fact that it was committed during a home invasion, various other aggravating factors (set out later in this decision), and Mr. Willis’ likely propensity to be a future danger.
[11] The Defence argues that Mr. Willis’ parole eligibility should be set between ten and 15 years.
[57] For your crime, Richard George Willis, you are hereby sentenced to life imprisonment.
[33] … At the time he committed this homicide, Mr. Willis was subject to a probation order.
[51] I disagree with the Defence recommendation of 10 – 15 years. Afterall, the caselaw tells us that this range “is reserved for those offenders for whom the prospect of rehabilitation appear good and little would be served by extending the period of parole ineligibility other than to further the sentencing objectives of denunciation and retribution”. The information contained in the PSR and IRCA confirm that Mr. Willis does not have good prospects of rehabilitation.
[57] For your crime, Richard George Willis, you are hereby sentenced to life imprisonment. You will not be eligible for parole for 20 years.
- R. v. Willis, 2024 NSSC 222 Court decision, Courts of Nova Scotia