L. Casey

The accused was tried on ten charges arising from a three-year common law relationship, including assault, sexual assault, assault causing bodily harm, assault with a weapon, and uttering threats.

The accused brought a Charter application alleging a breach of section 7 due to the police's failure to preserve video surveillance evidence, which was dismissed as the court found no unacceptable negligence.

Applying the W.(D.) framework, the court assessed the credibility of both parties, finding the complainant largely credible despite some inconsistencies, while rejecting much of the accused's testimony.

The accused was found guilty of seven counts, including assault, assault with a weapon, and uttering threats, but acquitted of sexual assault and two other assault charges where reasonable doubt remained.

The offender was convicted of second degree murder for shooting his common-law partner in the head with a homemade firearm and burying her body in their backyard.

The Crown sought a parole ineligibility period of 17 to 18 years, while the defence argued for the statutory minimum of 10 years, supported by a jury recommendation.

The court rejected the jury's recommendation, finding it unrealistic given the serious aggravating factors, including the domestic context, use of a firearm, and extensive after-the-fact conduct to conceal the crime.

Applying the McKnight range for domestic homicides, the court fixed the period of parole ineligibility at 15 years.