Second degree murder, Possession of a weapon contrary to a prohibition order
R. v. Adams-Clarke
- 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
Justin Ronald Adams-Clarke was found guilty by a jury of second-degree murder for shooting an unarmed man with a sawed-off shotgun in a Dartmouth park, and pleaded guilty to possessing a firearm while prohibited. He received the mandatory life sentence, and the Crown sought 15 years of parole ineligibility while the defence sought 10. Justice Bodurtha set parole ineligibility at 12 years, weighing his lengthy record and breach of a release order against the trauma in his background described in the Impact of Race and Culture Assessment.
In the judge's words
1From a review of the caselaw and considering the three timeframes, Mr. Adams-Clarke falls within the 10-15 year range but he is not at the 15 year range as suggested by the Crown nor is he at the mandatory minimum as suggested by Defence counsel based on the aggravating factors.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Possession of a weapon contrary to a prohibition order (CC 117.01(1))
- Prior convictions
- Not recorded
- At the time of the offence
- On bail1
- Defence asked for
- Life, no parole for 10 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: Janine Kidd, Cory Roberts
Defence: Laura McCarthy, Godfred Chongatera
Sources
- R. v. Adams-Clarke, 2024 NSSC 279 Court decision, CanLII, September 12, 2024
[19] With the benefit of the IRCA report, the Crown maintains its sentencing position of 15 years of parole ineligibility for Mr. Adams-Clarke.
[27] It is the Defence submission that an appropriate period of parole ineligibility would be 10 years.
[14] The offence of second-degree murder carries an automatic sentence of life imprisonment pursuant to section 235(1) of the Criminal Code.
[3] On December 8, 2023, Mr. Adams-Clarke was found guilty by the jury of section 235(1) of the Criminal Code for the second-degree murder of
[78] At the time of the shooting Mr. Adams-Clarke was the subject of a Release Order that required him not to be in the City of Dartmouth without a surety. In addition, he was not to possess or carry any firearm. Mr. Adams-Clarke was in breach of these conditions on the day of the shooting.
[81] From a review of the caselaw and considering the three timeframes, Mr. Adams-Clarke falls within the 10-15 year range but he is not at the 15 year range as suggested by the Crown nor is he at the mandatory minimum as suggested by Defence counsel based on the aggravating factors.
[4] Immediately following the jury’s verdict, this Court sentenced Mr. Adams-Clarke to life in prison, with parole ineligibility to be determined later. … [86] After considering the IRCA, PSR, the circumstances of the offence, Mr. Adams-Clarke’s character, previous criminal record, and the authorities, I set Mr. Adams-Clarke’s parole ineligibility at 12 years.
- R. v. Adams-Clarke, 2024 NSSC 279 Court decision, Courts of Nova Scotia