Second degree murder

R. v. Drake

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 20 years1
Judge imposedLife imprisonment, no parole for 17 years1
3 years less parole ineligibility than the Crown asked

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 20 years
Judge imposedLife, no parole for 17 years
Defence askedLife, no parole for 13 years
For second degree murder (CC 231(7)), the Criminal Code makes life imprisonment mandatory; the judge sets how long before parole can first be considered. Life is drawn at 25 years for scale. Read the section.

Adam Drake was convicted by a jury of second degree murder for stabbing a man once in the chest in a crowded Halifax bar in September 2022. The Crown sought parole ineligibility of 20 to 23 years; the defence sought 13 to 15 years. Justice Norton imposed the mandatory life sentence with no parole for 17 years, citing the offender's poor prospects for rehabilitation, while finding the case lacked the aggravating features of the Crown's authorities.

In the judge's words

Adam Drake’s prospects for rehabilitation are not promising based on the pattern of extreme violence he has shown in this province. Put plainly, Adam Drake is a dangerous man with questionable rehabilitative prospects which justifies a lengthy parole ineligibility, as was the case in Sylliboy.

1

The record

Convicted of
Prior convictions
2 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 13 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: Carla Ball, KC, Tanya Carter
Defence: Michael Lacy, Jennifer MacDonald

Sources

  1. R. v. Drake, 2025 NSSC 339 Court decision, CanLII, October 24, 2025[20] The Crown’s submission is that a period of parole ineligibility of 20 to 23 years is warranted.[21] Adam Drake asserts that … the range for a parole ineligibility period is between 13 and 15 years.Pursuant to s. 235 of the Criminal Code, he is sentenced to the mandatory minimum period of imprisonment for life, a mandatory DNA order and a mandatory weapons prohibition order.[1] On June 18, 2025, Adam Drake was convicted by a jury of the second-degree murder of[25] At the time of the death of … Adam Drake had two entries on his adult criminal record. On September 19, 2017, he was sentenced to a fine of $300.00 in addition to four days’ imprisonment concurrent for failure to comply with an undertaking. On January 3, 2018, he was sentenced to a suspended sentence with probation for 12 months for a second failure to comply with an undertaking.[36] Adam Drake’s prospects for rehabilitation are not promising based on the pattern of extreme violence he has shown in this province. Put plainly, Adam Drake is a dangerous man with questionable rehabilitative prospects which justifies a lengthy parole ineligibility, as was the case in Sylliboy.[38] Adam Drake. For the second-degree murder of … I sentence you to life imprisonment and set the period of parole ineligibility at 17 years calculated from the day you were placed into custody on September 10, 2022.
  2. R. v. Drake, 2025 NSSC 339 Court decision, Courts of Nova Scotia

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