Second degree murder, Manslaughter with a firearm

R. v. Freeman

  • Below the Crown's ask

Sentence and the Crown's position

Crown askedLife, no parole for 12 years1
Judge imposedLife imprisonment, no parole for 10 years (second degree murder); 8 years concurrent for manslaughter1
2 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 12 years
Judge imposedLife, no parole for 10 years
Defence askedLife, no parole for 10 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.

Robert Freeman pleaded guilty to second degree murder and manslaughter for shooting his two next-door neighbours with a rifle in September 2023. The Crown sought life imprisonment with parole ineligibility of 12 years; the defence sought 10 years. Justice Ormiston imposed life imprisonment with parole ineligibility of 10 years and a concurrent eight-year sentence for the manslaughter, citing his age of 86, infirmity, lack of a criminal record, immediate surrender and remorse.

In the judge's words

I am also satisfied that even where there are some significant aggravating factors, parole ineligibility of 10 years can meet the pressing sentencing objectives of deterrence and denunciation

1

The record

Convicted of
Prior convictions
0 prior convictions1
At the time of the offence
Not stated1
Defence asked for
Life, no parole for 10 years1
Mandatory minimum
Applied1
Appeal
Not yet checked
Counsel
Crown: S.J.K. Gill, D.J. Williams
Defence: W.M. Finch, K.C., A. Grewal

Sources

  1. R. v. Freeman, 2026 BCSC 998 Court decision, CanLII, May 15, 2026[13] Crown counsel in this case seeks increased parole ineligibility of 12 years.[13] … The defence seeks 10 years.[6] The mandatory sentence for second degree murder is life imprisonment. The mandatory minimum sentence for manslaughter where a firearm was used in the commission of the offence is four years' incarceration.[1] THE COURT: Robert Freeman has entered guilty pleas to committing the second degree murder of … and the manslaughter of …[29] … is 86 years old, infirm, and with no prior criminal record.[30] … I am also satisfied that even where there are some significant aggravating factors, parole ineligibility of 10 years can meet the pressing sentencing objectives of deterrence and denunciation[41] On Count 1, the sentence for committing the second degree murder of … is imprisonment for life with parole ineligibility set at 10 years. [42] On Count 2, the sentence for committing the manslaughter of … is a concurrent sentence of eight years imprisonment, less pre-trial credit of 26 days.
  2. R. v. Freeman, 2026 BCSC 998 Court decision, Courts of British Columbia

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