Second degree murder
R. v. Omar
- On release at the time
Sentence and the Crown's position
Crown askedLife, no parole for 12 years1
Judge imposedLife imprisonment, no parole for 13 years1
Both are life sentences, so the bars compare how long before parole can be considered.
What the law allows
MaximumLife imprisonment
Crown askedLife, no parole for 12 years
Judge imposedLife, no parole for 13 years
Defence askedLife, no parole for 10 years
A jury convicted Mohamed Daud Omar of second degree murder for fatally stabbing a man with a concealed knife outside a bar in Victoria in March 2022, while he was on bail with a no-weapons condition. The Crown sought parole ineligibility of 12 to 13 years; the defence sought the 10-year minimum. Justice A. Saunders imposed the mandatory life sentence with no parole eligibility for 13 years, finding the bail breach and the carrying of a concealed combat knife to be particularly aggravating features.
In the judge's words
1I find a 13-year parole ineligibility period is required in this case to meet the sentencing objectives prescribed in the Criminal Code.
The record
- Convicted of
- Second degree murder (CC 231(7))
- 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: M. Feldthusen
Defence: R. Alberto
Sources
- R. v. Omar, 2025 BCSC 915 Court decision, CanLII, April 29, 2025
[8] The Crown seeks an increased ineligibility period of 12 to 13 years.
[9] Mr. Omar seeks the minimum period of 10 years.
[2] The sentence for the crime of second degree murder is provided for in s. 745(c) of the Criminal Code. The sentence is imprisonment for life without eligibility for parole until the offender has served at least 10 years of the sentence, or in substitution of that 10-year ineligibility period such greater number of years up to 25 years of parole ineligibility as this Court might determine, pursuant to s. 745.4.
[46] Mohamed Daud Omar, I sentence you to imprisonment for life with no eligibility for parole for a period of 13 years.
[32] In February 2022, Mr. Omar was arrested on charges of serious, violent crime. … His release order, dated February 23, 2022, included terms of observing a curfew by being in his residence between the hours of 11:00 p.m. and 5:00 a.m., refraining from possessing or consuming alcohol, drugs or intoxicated substances, and not being in possession of weapons including in particular any knife. Those bail terms were in effect six days later when Mr. Omar committed the murder of
[44] I find a 13-year parole ineligibility period is required in this case to meet the sentencing objectives prescribed in the Criminal Code.
[46] Mohamed Daud Omar, I sentence you to imprisonment for life with no eligibility for parole for a period of 13 years.
- R. v. Omar, 2025 BCSC 915 Court decision, Courts of British Columbia