Canadian Criminal Sentencing/Cases/Homicide

Murder

First Degree

• R. v. Greenwood, 2012 NSSC 194

Second Degree

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

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

Manslaughter

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

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

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 paraplegic
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