Following a jury conviction for second degree murder of the offender’s spouse, the court determined the appropriate period of parole ineligibility.
The Crown sought 15 years while the defence argued for 10 to 12 years.
Applying ss. 718–718.2 and 745.4 of the Criminal Code and considering comparable jurisprudence, the court assessed aggravating factors including the brutal domestic killing, breach of trust, and the victim’s defensive injuries, as well as mitigating factors such as the offender’s lack of criminal record and positive community reputation.
The jury’s recommendation of 15 to 20 years was considered but not followed.
The court fixed the parole ineligibility period at 13 years.
