Conspiracy to commit murder
R. v. Wiwchar
- On release at the time
Sentence and the Crown's position
What the law allows
Dean Michael Wiwchar pleaded guilty to two counts of conspiracy to commit murder arising from a gang conflict, as the hired shooter in both: he shot and killed one target in a crowded Vancouver hotel restaurant in January 2012 and later armed himself to hunt the second target in Surrey. The Crown and Wiwchar, who was self-represented, jointly proposed 20 years' imprisonment concurrent to the sentences he was already serving, including life for a 2012 murder in Toronto. Justice Ker accepted the joint submission and imposed 20 years and 18 years concurrently, citing his guilty plea, which avoided an eight-month jury trial, his remorse and his onerous pre-trial custody conditions.
In the judge's words
1In terms of gravity of the offence, the two offences that Mr. Wiwchar has pled guilty to are exceedingly serious offences. Moreover, the manner in which the offences were committed, insofar as the objectively dangerous nature of his conduct is concerned, places the offences at the upper end of the spectrum of seriousness. They are gravely serious offences.
The record
- Convicted of
- Conspiracy to commit murder (CC 465(1)(a), 2 counts)
- Prior convictions
- Not recorded
- At the time of the offence
- On probation1
- Defence asked for
- 20 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J. Sheardown, S.L. Dworkin, N. Gregoire, A. LaBar
Defence: Self-represented (amicus curiae: T.M. Arbogast, K.C., K.A. Kirkpatrick)
Sources
- R. v. Wiwchar, 2025 BCSC 2610 Court decision, CanLII, December 5, 2025
[71] The Court must also consider another set of legal principles in determining the sentence to be imposed in this case. Here the parties advance a joint submission that Mr. Wiwchar be sentenced to a global term of 20 years' imprisonment: 20 years on count 1 and 18 years on count 2, concurrent to each other, and concurrent to the other sentences Mr. Wiwchar is serving.
[71] The Court must also consider another set of legal principles in determining the sentence to be imposed in this case. Here the parties advance a joint submission that Mr. Wiwchar be sentenced to a global term of 20 years' imprisonment: 20 years on count 1 and 18 years on count 2, concurrent to each other, and concurrent to the other sentences Mr. Wiwchar is serving.
[5] The maximum sentence for conspiracy to commit murder is life imprisonment. There is no minimum sentence.
[2] Dean Michael Wiwchar is before the Court for sentencing on two counts of conspiracy to commit murder, contrary to s. 465(1)(a) of the Criminal Code, R.S.C. 1985, c. C-46 [Code].
g) At the time Mr. Wiwchar became involved in the conspiracy to murder … he was serving a five-month conditional sentence order for uttering threats that had been imposed on August 11, 2011.
In terms of gravity of the offence, the two offences that Mr. Wiwchar has pled guilty to are exceedingly serious offences. Moreover, the manner in which the offences were committed, insofar as the objectively dangerous nature of his conduct is concerned, places the offences at the upper end of the spectrum of seriousness. They are gravely serious offences.
[113] For the offence of conspiracy to commit the murder of … contrary to s. 465(1)(a) of the Code, I sentence you to 20 years' imprisonment. For the offence of conspiracy to commit the murder of … contrary to s. 465(1)(a) of the Code, I sentence you to 18 years' imprisonment. There is no credit for pre-trial custody under s. 719(3) or (3.1) of the Code. The sentences start today.
- R. v. Wiwchar, 2025 BCSC 2610 Court decision, Courts of British Columbia