The Crown appealed a sentence appeal decision that had reduced a second degree murder offender's parole ineligibility period from 12 years to the statutory minimum of 10 years.
The Supreme Court held that under s. 744 of the Criminal Code, the sentencing judge must consider the offender's character, the nature of the offence, and the circumstances surrounding its commission, and that dangerousness, denunciation, and deterrence may inform but do not replace those statutory criteria.
The Court rejected the proposition that parole ineligibility beyond 10 years requires unusual circumstances and held that appellate review is limited to whether the sentence is unfit or clearly unreasonable.
On the facts, the trial judge committed no error, and the 12-year parole ineligibility period was restored.
