Second degree murder

R. v. Kematch

Sentence and the Crown's position

Crown askedLife, no parole for 13 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 13 years
Judge imposedLife, no parole for 13 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.

Dwight William Kematch pleaded guilty to second degree murder, which carries a mandatory life sentence. The Crown and defence jointly proposed life imprisonment with no eligibility for parole for 13 years. Justice Kirchner accepted the joint submission and imposed life imprisonment with no parole eligibility for 13 years, finding it sat firmly within the range set by similar cases.

In the judge's words

Since this is a joint submission, there is not a great deal of utility in me reviewing the specific circumstances of each of these cases. They clearly support the joint submission being firmly within the range and the appropriate range for the present offence. This is not a case where a joint submission touches on the very edge of the range. It sits firmly within the range and I find it to be a suitable sentence.

1

The record

Convicted of
Prior convictions
4 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: M. Myhre, E. Wilson
Defence: J. Heller, S. Grewal

Sources

  1. R. v. Kematch, 2026 BCSC 265 Court decision, CanLII, January 16, 2026[3] I am greatly aided in this case by the fact that the Crown and defence have made a joint submission for a life sentence with no eligibility of parole for 13 years.[3] I am greatly aided in this case by the fact that the Crown and defence have made a joint submission for a life sentence with no eligibility of parole for 13 years.[1] THE COURT: … Under s. 235(1) of the Criminal Code, second degree murder carries a mandatory life sentence. Under s. 745(c), the minimum period of parole ineligibility for second degree murder is 10 years and the maximum is 25 years.[1] THE COURT: Dwight William Kematch has pled guilty to committing the second degree murder of Alexander Lo.[34] In 2005, Mr. Kematch was convicted of theft under $5,000, two counts of killing or injuring an animal, and one count of arson.[56] Since this is a joint submission, there is not a great deal of utility in me reviewing the specific circumstances of each of these cases. They clearly support the joint submission being firmly within the range and the appropriate range for the present offence. This is not a case where a joint submission touches on the very edge of the range. It sits firmly within the range and I find it to be a suitable sentence.[58] For the reasons I have given, I sentence you to life imprisonment with no eligibility to apply for parole for a period of 13 years.
  2. R. v. Kematch, 2026 BCSC 265 Court decision, Courts of British Columbia

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