Second degree murder
R. v. Downey
- 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
Everton Javaun Downey was convicted after a judge-alone trial of second degree murder for fatally stabbing his intimate partner at the Metrotown Shopping Centre in Burnaby in December 2021. Life imprisonment was mandatory; the Crown sought parole ineligibility of 13 to 15 years and the defence 12 years. Associate Chief Justice Holmes imposed life imprisonment with no parole eligibility for 12 years, finding the case most similar to those at the lower end of the 12 to 15 year range.
In the judge's words
1Of the Crown's cases, I find most similar to this case those in which the ineligibility period was set at the lower end of the 12 to 15 year range. Most of the cases where the period was set higher in the range involved more aggravated facts (Poepl; R. v. O.V., 2016 BCCA 454; R. v. Boden, 2021 BCSC 2677 (unreported)) or previous violence against the victim (R. v. Daigle, 2017 BCCA 86; O.V.; Boden).
The record
- Convicted of
- Second degree murder (CC 231(7))
- Prior convictions
- Not recorded
- At the time of the offence
- Not stated1
- Defence asked for
- Life, no parole for 12 years1
- Mandatory minimum
- Applied1
- Appeal
- Not yet checked
- Counsel
- Crown: B. McCabe, K.C., M. Myhre
Defence: C.S. Johnson, K.C., A. Cochrane, A. Tubinshlak
Sources
- R. v. Downey, 2026 BCSC 322 Court decision, CanLII, February 13, 2026
[3] The Crown submits that the period of ineligibility to apply for parole should be between 13 and 15 years.
The defence submits that the period should be 12 years.
[2] For second degree murder, the sentence must be imprisonment for life.
[1] Everton Javaun Downey is to be sentenced for second degree murder.
[53] Of the Crown's cases, I find most similar to this case those in which the ineligibility period was set at the lower end of the 12 to 15 year range. Most of the cases where the period was set higher in the range involved more aggravated facts (Poepl; R. v. O.V., 2016 BCCA 454; R. v. Boden, 2021 BCSC 2677 (unreported)) or previous violence against the victim (R. v. Daigle, 2017 BCCA 86; O.V.; Boden).
[56] Mr. Downey, for the second degree murder of … you are sentenced to imprisonment for life. … [57] You will not be eligible to apply for parole for a period of 12 years.
- R. v. Downey, 2026 BCSC 322 Court decision, Courts of British Columbia