2 total
Youthful gang members sentenced to life with 15 years parole ineligibility for planned second-degree murder.
The offenders, both youthful members of a street gang, were convicted of second-degree murder following a planned, gang-related shooting that resulted in the death of an unarmed victim.
The Crown sought a parole ineligibility period near the 25-year maximum, while the defence sought 12 to 15 years, arguing systemic discrimination should mitigate the sentence.
The court rejected the systemic discrimination argument, finding the gravity of the offence eclipsed such factors.
Weighing the egregious nature of the planned shooting against the offenders' youth, the court sentenced both offenders to life imprisonment with no eligibility for parole for 15 years.
Driving at officer to force him aside constituted aggravated assault.
The accused was charged with multiple offences arising from a police pursuit while driving a stolen vehicle.
He pleaded guilty to failing to stop for police, dangerous driving causing bodily harm, and possession of property obtained by crime.
The remaining issues at trial were whether the accused committed aggravated assault or assault causing bodily harm against a police officer by accelerating his vehicle toward the officer while attempting to flee.
The court rejected the accused’s evidence, accepted the testimony of the officer and civilian witnesses, and found that the accused intentionally accelerated toward the officer to force him out of the way.
This conduct constituted a threat to apply force with a motor vehicle that endangered the officer’s life and satisfied the elements of aggravated assault.
