S. Hebscher

The offender was convicted of second-degree murder for stabbing his female friend to death.

The Crown sought a 14-year parole ineligibility period, while the defence sought the statutory minimum of 10 years.

The court found significant aggravating factors, including intimate partner violence, breach of trust, the savage nature of the killing, and the offender's prior record for domestic violence.

However, the offender's severe mental illness at the time of the offence significantly reduced his moral blameworthiness.

Balancing these factors, the court set the period of parole ineligibility at 12 years.

The accused was charged with first-degree murder after stabbing the victim 34 times in his basement.

The defence conceded the accused killed the victim but argued he was not criminally responsible (NCR) under s. 16 of the Criminal Code due to severe paranoid delusions and schizophrenia.

The court found the accused suffered from a disease of the mind but rejected the NCR defence, concluding the defence failed to prove the delusions caused the killing or rendered the accused incapable of knowing the act was morally wrong.

The court also excluded similar fact evidence of the accused's prior violence against women.

Finding a reasonable doubt on the element of forcible confinement required for first-degree murder, the court convicted the accused of second-degree murder.