Second degree murder, Indignity to human remains
R. v. P.J.L.
A publication ban applies. The offender is not named.
- 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
The offender was convicted after trial in Nanaimo of second-degree murder and of offering indignities to human remains. The Crown sought life imprisonment with no parole eligibility for 15 years. Justice Baird imposed life imprisonment with parole ineligibility of 12 years and a concurrent four years on the indignity count, citing significant mitigating factors including the offender's youth, lack of a criminal record and low assessed risk to reoffend.
In the judge's words
1In the absence of significant mitigating factors, I would have no hesitation in endorsing the Crown's submission that 15 years of parole ineligibility would be appropriate in this case, at the higher end of the first "grouping" of cases referred to in Bennight where parole ineligibility may be justifiably extended beyond 10 years. However, given the various mitigating factors just mentioned, which I consider to be significant, I have decided to exercise my discretion to impose a lesser parole ineligibility period of 12 years.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Indignity to human remains (CC 182(b))
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: N. Barber
Defence: G. Orris, K.C.; R. Young
Sources
- R. v. P.J.L., 2025 BCSC 391 Court decision, CanLII, February 6, 2025
[6] The law as handed down to me by our highest court is that, as a general rule, the period of parole ineligibility for offenders convicted of second-degree murder should be limited to 10 years … Here, the Crown seeks an extension of the period of parole ineligibility from 10 to 15 years because of the violent and frankly gruesome nature of the case.
[3] The mandatory sentence for second-degree murder is life imprisonment: s. 235 of the Criminal Code, R.S.C. 1985, c. C-46.
[42] It bears emphasis, however, that … is still young, only 29 years old, 24 at the time of the murder. She has no criminal record.
[44] In the absence of significant mitigating factors, I would have no hesitation in endorsing the Crown's submission that 15 years of parole ineligibility would be appropriate in this case, at the higher end of the first "grouping" of cases referred to in Bennight where parole ineligibility may be justifiably extended beyond 10 years. However, given the various mitigating factors just mentioned, which I consider to be significant, I have decided to exercise my discretion to impose a lesser parole ineligibility period of 12 years.
[45] Stand up, please, … For the second-degree murder of … I hereby sentence you to life imprisonment in a federal penitentiary with no eligibility for parole for 12 years. For the offence of offering indignities to the dead human body of … which must be rated at the upper end of gravity for cases of its kind, there will be a concurrent sentence of four years.
- R. v. P.J.L., 2025 BCSC 391 Court decision, Courts of British Columbia