Second degree murder
R. v. Bentil
- Below the Crown's ask
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
David Bentil was convicted by a jury of second degree murder for the stabbing of a man at CRAB Park in Vancouver in May 2022, when Bentil was 18. The Crown sought life imprisonment with parole ineligibility of 12 years. Justice Brongers imposed life imprisonment with the minimum 10 years of parole ineligibility, finding the offence was not premeditated and citing Bentil's youth, lack of a criminal record, remorse and family support.
In the judge's words
1Ultimately, the question before me is whether the period of parole ineligibility needs to be extended beyond 10 years in order to meet the goals of sentencing. Weighing all of the aggravating and mitigating factors, the importance of deterrence, denunciation, and concerns about Mr. Bentil's future dangerousness, I conclude that the answer to this question is no.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- 0 prior convictions1
- 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: B. McCabe, KC, S. Gillespie
Defence: P.S. McMurray, C. St. Germain
Sources
- R. v. Bentil, 2025 BCSC 2116 Court decision, CanLII, October 16, 2025
[42] Counsel for the Crown take the position that Mr. Bentil's parole ineligibility period should be increased from the 10-year minimum to a period of 12 years.
[52] Accordingly, counsel for the defence urge the Court to maintain Mr. Bentil's period of parole ineligibility at the statutory minimum of 10 years.
[5] … a) upon a conviction for second degree murder (subject to certain exceptions that do not apply here), an accused is subject to a mandatory minimum sentence of life imprisonment with a minimum period of parole ineligibility of 10 years;
[1] THE COURT (by videoconference): On April 10, 2025, David Bentil was found guilty of the second degree murder of … contrary to s. 235(1) of the Criminal Code, R.S.C. 1985, c. C-46 (the "Code").
[17] In spite of his acknowledged involvement in unlawful drug trafficking, however, Mr. Bentil has no criminal record. Indeed, until the present offence, he had never been charged with or convicted of any crime.
[67] Ultimately, the question before me is whether the period of parole ineligibility needs to be extended beyond 10 years in order to meet the goals of sentencing. Weighing all of the aggravating and mitigating factors, the importance of deterrence, denunciation, and concerns about Mr. Bentil's future dangerousness, I conclude that the answer to this question is no.
[69] I sentence you to imprisonment for life without eligibility for parole until you have served at least 10 years of the sentence.
- R. v. Bentil, 2025 BCSC 2116 Court decision, Courts of British Columbia