Canadian Criminal Sentencing/Cases/Homicide

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Murder[edit]

First Degree[edit]

  • R. v. Greenwood, 2012 NSSC 194

Second Degree[edit]

Case Citation Parole Inelig. Comments
R. v. Belcourt 2012 BCSC 1844 17 years
R. v. Dahr 2012 ONCA 433 15 years
R v. Blandon 2012 ONSC 3864 12 years
R. v. Hardy 2012 NSSC 209 14 years
R. v. Jojic 2012 BCCA 101 13 years
R. v. Hall 2011 ONSC 7281 [1] 14 years
R. v. Worm [2009] S.J. No. 197, 2009 SKQB 122 16 years offender and friends broke into victim's residence to rob them. Offender shot victim in front of family members including 14 year old. Offender was 23 year old aboriginal with an extensive record.
R. v. Danvers [2005] O.J. No. 3532 (ONCA) 15 years offender was convicted of second degree murder for shooting a student in a nightclub. Offender was 19 years old with a lengthy criminal record.
R. v. Thackeray [2004] O.J. No. 5866 11 years offender plead guilty to second degree for stabbing a taxi driver 13 times in the head and neck.
R. v. Cook [2003] B.C.J. No. 1246, 2003 BCCA 326 15 years convicted of second-degree murder. Offender shot and killed taxi driver during robbery. Offender was 21 years old and no record.
R. v. McKnight 1999 CanLII 3717 (ONCA) 14 years Stabbed wife to death over 10-15 minutes, inflicting more than 50 wounds. Unsuccessful defence of not criminally responsible by reason of mental disease or defect. Reduced from 17 years on appeal. Offender was 52 years old with no criminal record.
R. v. Pearson 2012 CanLII 47446 (ONSC) 25 years Execution-style murder with shotgun during a home invasion robbery. Offender had murdered another person two weeks earlier, and was found guilty of first-degree murder. Lack of remorse and denial of responsibility. Crown recommended parole ineligibility of 25 years; defence recommended 18-20 years. Also sentenced to five years for aggravated assault and two years for using a firearm to commit that aggravated assault, consecutive to one another and concurrent with the life sentence for murder.
R. v. Srun [2] 2013 ONSC 7039 (CanLII) 13 years Offender stabbed two victims at a party, killing one. Offender was 35 years old with no criminal record. Crown recommendation was parole ineligibility of 15-17 years; defence recommended 10-12 years. Also sentenced to 8 years concurrent for attempted murder.

Conspiracy to Commit[edit]

  • R. v. Belcourt, 2012 BCSC 527 - 6 years

Manslaughter[edit]

Case Citation Sentence Comments
R. v. Chapman 2013 ONCA 15 (CanLII) 9 years Offender held down victim as co-accused strangled her. Offender got bat for co-accused who beat her to death. Co-accused convicted of 2nd degree murder (15yrs parole ineligible).
R. v. Jiwa 2012 ONCA 532 12 years manslaughter of police detective, dangerous op. of motor vehicle
R. v. Mason 2012 MBCA 71 life set fire to rooming house, kills 2 people
R. v. Friday 2012 ABQB 371 4 years offender and victim drinking heavily, got into argument, offender stabbed him and left him outside in snow and died--offender was aboriginal
R. v. Bissonette 2012 ABPC 170 5 years lesser party in manslaughter--victim beaten in head multiple times with a 2x4 plank of wood--principal received 8 years
R. v. Vallee 2012 BCPC 167 4 years
R v McConnell 2012 ABQB 369 6 years mother drowns her two children
R v Prince 2012 BCSC 293 7 to 10 years manslaughter robbery
R v Rodgers 2012 SKQB 80 7.5 years
R. v. Abel 2012 NLTD 27 7 years
R. v. Valente 2012 ABQB 151 4 years
R. v. Jamieson 2012 ONSC 1114 12 years manslaughter by stabbing
R. v. Peynado 2011 BCCA 524 9 years appeal from 11 years; manslaughter from home invasion robbery
R. v. Kanate 2011 ONCJ 770 7 years
R. v. Abraham 2011 MBQB 299 5 years
R. v. Melissa Alexander 2011 ONSC 6839 11 years manslaughter; kills child
R. v. Sinclair 2011 ABQB 652 5 years
R. v. Hickey 2011 NSSC 186 3.5 years bar fight, punch results in death
R. v. Roks 2011 ONCA 618 10 years planned arson results in death
R v Grattan 2011 BCSC 217 9 years manslaughter home invasion robbery
R v Brisson 2009 BCSC 1606 5 years
R v Aubin 2008 BCSC 400 5 years
R v MacDonald 2007 BCCA 606 7.5 years home invasion
R v Thomas 2007 BCSC 1530 9 years home invasion
R v Peers and Harding 2006 BCSC 1971 life (12 years) home invasion
R v Reid 2006 BCSC 456 7 years
R v Crossley 2005 BCSC 1297 7 years
R v Billings 2004 BCSC 653 6 years
R v Barton 2003 BCCA 206 11 years manslaughter and robbery
R v MacMillan 2003 BCCA 372 7 years
R v Maxwell 1999 BCCA 648 17 years manslaughter during a home invasion robbery
R v Kutschera 1999 BCCA 748 12 years home invasion robbery

Child Victim[edit]

Case Citation Sentence Comments
R. v. Rahman 2012 NSSC 303 6.5 years father hit newborn child multiple times causing death
R. v. Choy 2009 ABQB 343 3 years foster mother fought with 3 and a half year old child. Child hit his head on a toilet bowl and died. Signs of prior abuse.
R. v. Whitehawk (2010), 359 Sask. R. 105 10 years violence upon infant daughter over several days. 26 prior convictions, 7 for violence.
R. v. Da Silva 2005 CanLII 46380 (ON CA), (2005), 203 C.C.C. (3d) 1 3 years mother abandoned her child who died of starvation several times over 4 days. Child died of dehydration. Sentence was in the "low" end of the range.
R. v. Elliot 2004 201 BCCA 220 10 years malnourishment and physical abuse of child.
R. v. Stewart 2003 NSCA 150 (CanLII), (2003), 221 N.S.R. (2d) 205 (NSCA) 54 months offender shook his girlfriend's two year old daughter causing death.
R. v. Fujii 2002 ABQB 805 8 years mother abandoned her two infant children for 10 days. Children died by dehydration and starvation. The offender had no prior record and suffered from depression and a borderline personality disorder.

Attempted Murder[edit]

Case Citation Sentence Comments
R. v. Vukaj 2013 BCSC 79 (CanLII) 14 years convicted of attempt murder (14yrs), break and enter (5yrs), dangerous operation of a vehicle(10mo), uttering threats(1yr)
R v. Blandon 2012 ONSC 3864 10 years stabbing; also convicted of 2nd degree murder
R. v. Boissonneault 2012 MBCA 40 14 years shooting
R. v. Chevers 2011 ONCA 569 15 years
R. v. Marriott 2011 NSSC 414 15 years joint recommendation
R. v. Situ 2010 ONCA 683 15 years shooting at pool hall, victim rendered parapalegic
R. v. Belisle-Taylor 2011 NSSC 159 10 years
R. v. Smith 2010 ONCA 229 10 years
R. v. Ahmed-Saidi 2001 CanLII 24100 (ON CA) 8.5 years
R. v. Joseph 2000 BCSC 1891 10 years shooting between drug dealers
R v Gould [1990] N.S.J. No. 109 8 years victim stabbed multiple times