M. Huberman

The applicant, convicted of planned and deliberate first degree murder and sentenced to life imprisonment without parole eligibility for 25 years, applied under s. 745.6 of the Criminal Code for judicial screening of a "faint hope" application to reduce his parole ineligibility period.

The court considered the statutory factors under ss. 745.61 and 745.63, including the horrific nature of the offence, the applicant's post-offence conduct, his purported acceptance of responsibility and remorse, his conduct in custody, victim impact evidence, and risk assessments.

Despite acknowledging some genuine progress in custody and low to low-moderate risk of reoffending, the court found that the applicant's late-breaking claim of remorse was opportunistic and not genuine, his criminal thinking remained entrenched, and there was no reasonable prospect a unanimous jury would reduce his parole ineligibility.

The application was dismissed.

The offender pleaded guilty to possession of a loaded prohibited firearm, breach of a weapons prohibition, and possession of cocaine for the purpose of trafficking.

The Crown and defence agreed that the appropriate sentence before pre-sentence custody credit was seven years.

The court considered the exceptionally harsh conditions of the offender's pre-sentence custody, including frequent lockdowns and COVID-19 restrictions at the Toronto South Detention Centre.

Applying the principles from Duncan and Marshall, the court reduced the otherwise appropriate sentence by two years to account for these harsh conditions, resulting in a five-year sentence.

After applying enhanced credit for time served, the offender was sentenced to 98 days going forward.