Second degree murder
R. v. Fox
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
Jose Rafael Lopez pleaded guilty to the second degree murder of a man shot at close range outside his Surrey business in July 2022, a killing he and a co-accused were hired and paid to commit. The Crown and defence jointly proposed life imprisonment with parole ineligibility of 20 years. Justice Schultes accepted the joint submission, finding the planning and execution-style nature of the killing supported the period, while Mr. Lopez's youth and guilty plea meant a longer period was not called for.
In the judge's words
1Approaching it from the point of view of the offence to which the plea has been entered, second degree murder, the degree of moral blameworthiness demonstrated by the extensive steps to prepare for and then escape from what was in effect an execution of … as well as the disturbing nature of that execution itself, unquestionably support the period of parole ineligibility that has been recommended.
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- 3 prior convictions, 3 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 20 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: M.J. Stacey, A. Lee
Defence: A. Vo, A. Abdulmalik
Sources
- R. v. Fox, 2025 BCSC 563 Court decision, CanLII, March 7, 2025
[1] Mr. Lopez has entered a guilty plea to the offence of second degree murder … The Crown and his counsel jointly submit that the mandatory sentence of life imprisonment with a period of parole ineligibility of 20 years is appropriate.
[1] Mr. Lopez has entered a guilty plea to the offence of second degree murder … The Crown and his counsel jointly submit that the mandatory sentence of life imprisonment with a period of parole ineligibility of 20 years is appropriate.
[15] Pursuant to s. 745(c) of the Criminal Code, a conviction for second degree murder carries with it a mandatory sentence of life imprisonment with a minimum period of parole ineligibility of 10 years.
[1] Mr. Lopez has entered a guilty plea to the offence of second degree murder
[9] Mr. Lopez is now 26 years old. He has a criminal record that consists of a conviction for common assault in February 2019, for which he received a conditional discharge, and convictions for assault causing bodily harm and assault with a weapon in September of that same year, for which he received an 18‑month conditional sentence.
[32] Approaching it from the point of view of the offence to which the plea has been entered, second degree murder, the degree of moral blameworthiness demonstrated by the extensive steps to prepare for and then escape from what was in effect an execution of … as well as the disturbing nature of that execution itself, unquestionably support the period of parole ineligibility that has been recommended.
[35] Accordingly, I will accede to the joint submission and sentence Mr. Lopez to life imprisonment with a period of parole ineligibility of 20 years.
- R. v. Fox, 2025 BCSC 563 Court decision, Courts of British Columbia