Superior Court Sentencing I

 

                                              Murder and Major Assaults

 

      Peter Karl Roscoe

 

        July  2007

 

 

                                                     Contents

 

 

                                                                                                                                                           page

 

 

Introduction                                                                                                                                         1

 

Dangerous Offender                                                                                                                            1

 

First Degree Murder                                                                                                                            1

 

Second Degree Murder                                                                                                                        2

 

Manslaughter                                                                                                                                       4

 

Average Murder Sentences                                                                                                                 5

 

Attempted Murder                                                                                                                               6

 

Aggravated Assault                                                                                                                              7

 

Average Major Assault Sentences                                                                                                       9

 

 Spousal assaults and Murders                                                                                                            10

 

Infanticide                                                                                                                                           12

 

Child Assault                                                                                                                                       13

 

 

Conclusions                                                                                                                                         15

 

 

Appendixes                                                                                                                                          17

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

                                                                Introduction

 

 

This study examines the differences in criminal sentences, between men and women, decided by the Ontario Superior Court of Justice and it’s provincial counterparts, for murders and major assaults. All murder and major assault cases which include the duration of sentences, from the Canlii database, are included. In some categories the lack of data as to sentences may mean exclusion of as many as 30 % of convictions listed. Only a conviction for the major offence which an offender is charged is included. No cases for which new trials have been ordered on appeal are included. Pretrial custody has been included in the sentence on a 2 for 1 basis unless the ruling specifies otherwise. 2 for 1 pretrial custody credits are standard amoungst the judiciary, and including pretrial gives a better measure of actual relative sentences. Conditional sentences are treated as equivalent to prison terms. Another depiction could have been adopted and justified for conditional sentences, but consistent treatment is more important for the purposes of this study. Specific cases used for each province can be found in the appendixes.

 

 

 

 

 

 

Dangerous Offender

 

 

Dangerous offender legislation is intended to provide long term protection to the public from some of the worst repeat criminals. A dangerous offender designation brings an indeterminate sentence with periodic review. No cases declaring a female as a dangerous offender could be found. The database evaluated contained over 20 cases declaring men dangerous offenders. Half a dozen involved men who were described as repeat spousal abusers.

 

 

 

R. v. Neve, 1999 ABCA 206 (CanLII)

 

[1] Lisa Colleen Neve was designated a dangerous offender – the second woman in Canada’s history to have been so designated – and sentenced to an indeterminate jail sentence after having been convicted for a robbery committed when she was 18.

 

According to Crown records, since 1947 (the year in which predecessor dangerous offender legislation first came into effect in Canada) until July 31, 1997, 219 offenders were designated dangerous offenders in Canada, an average of approximately 4 per year. Other data indicates that between 1978 and 1986, that number increased to an average of 7 per year.

 

[293] Accordingly, we dismiss the conviction appeal, allow the appeal of the dangerous offender designation and find that Neve is not a dangerous offender. In all the circumstances, we have concluded that a fit and proper sentence for the robbery is three years imprisonment.

 

 

 

 

 

 

First Degree Murder

 

 

The worst premeditated murders are sentenced as first degree muder. Since sentences are fixed at life with a minimum of 25 years, all first degree murders in the database are included. Other categories may have exclusions due to sentences being ommitted. No judicial discretion is involved in sentencing with the term fixed.

 

 

 

 

 

 total

 # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

          3

         3

    100.0

       0

       0.0

Ontario

        97

       93

     95.9

       4

       4.1

Manitoba

          7

         6

     85.7

        1

      14.3

Saskatchewan

          8

         8

    100.0

        0

        0.0

Alberta

        16

       14

      86.7

        2

      13.3

 

 

 

 

 

 

Total

      131

      124

     94.6

        7

        5.4

 

 

 

124 / 7 = 17.6 men convicted for every woman

 

 

Average first degree murder sentence  = 25 years minimum

 

 

 

 

 

 

Second Degree Murder

 

 

Second degree murders are generally deemed to be less heinous and do not require the same level of premeditation Sentencing is partially discretionary. There is a 10 year minimum requirement, and then the judge may add additional years of parole ineligibity. Second degree murder charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute first degree murder charge.

 

 

 

 

 

    total

  # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

        7

         7

    100.0

         0

       0.0

Ontario

      80

       74

      92.5

         6

       7.5

Manitoba

      15

       14

      93.3

         1

       6.7

Saskatchewan

      18

       18

     100.0

         0

        0.0

Alberta

      18

       17

      94.4

         1

      16.7

 

 

 

 

 

 

Total

     138

       130

       94.2

          8

         5.8

 

 

 

130 / 8 = 16.1 men convicted for every woman

 

 

 

 

Average Second Degree Murder Sentence = 10 years minimum + parole ineligibility

 

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

appeal sentence

  trial sentence

 

 

 

 

 

 

 

 

Newfoundland

        7

         7

    15.7

      15.7

         0

      na

      na

Ontario

      80

       74

    13.2

      12.6

         6

      15.1

      14.3

Manitoba

      15

       14

    14.5

      14.5

         1

      10.0

      10.0

Saskatchewan

      18

       18

    16.2

      14.9

         0

      na

       na

Alberta

      18

       17

    15.5

      15.2

         1

      20.0

      20.0

 

 

 

 

 

 

 

 

Total

     138

       130

 

 

         8

 

 

 

 

 

Men

 

 

 Average Trial Sentence = ( 7 x 15.7 ) + ( 74 x 13.2 ) + ( 14 x 14.5 ) + ( 18 x 16.2 ) + ( 17 x 15.5 ) / 130

 

                                        = 1844.8 / 130

 

                                        = 14.2 years

 

 

Average Appeal Sentence = ( 7 x 15.7 ) + ( 74 x 12.6 ) + ( 14 x 14.5 ) + ( 18 x 14.9 ) + ( 17 x 15.2 ) / 130

 

                                           = 1771.9 / 130

 

                                            = 13.6 years

 

 

 

 

Women

 

 

 Average Trial Sentence = ( 6 x 15.1 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8

 

                                        = 120.6 / 8

 

                                         = 15.1 years

 

 

Average Appeal sentence = ( 6 x 14.3 ) + ( 1 x 10.0 ) + ( 1 x 20.0 ) / 8

 

                                          = 115.8 / 8

 

                                          = 14.5 years

 

 

 

 

 

 

Manslaughter

 

 

Manslaughter includes murders that were not deliberately planned. Manslaughter sentences are generally the lowest for all murder categories. Lesser charges for some specialized situations may also be available. Criminal negligence causing death is one such alternative which is most often used for fatal driving offenses. The sentences are almost entirely discretionary, though similar cases are supposed to act as a guide for appropriate periods of incarceration. The major prerequisite for manslaughter is that the victims death was not planned or anticipated in advance of the act. No premeditation existed. Manslaughter charges may sometimes be used by the crown as an included offense, or plea bargain from a difficult to prosecute higher murder charge.

 

 

 

 

 

   total

  # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

        6

         6

    100.0

        0

       0.0

Ontario

      53

       46

      86.9

        7

      13.9

Manitoba

      19

       16

      84.2

        3

      25.0

Saskatchewan

      16

       14

       85.7

        3

      14.3

Alberta

      29

       25

       83.3

        4

      16.7

 

 

 

 

 

 

Total

     124

      107

       86.7

       17

       13.3

 

 

 

107 / 17 = 6.3 men convicted for every woman

 

 

 

 

Average Manslaughter Sentences

 

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

Newfoundland

        6

         6

      9.5

      8.2

        0

     na

     na

Ontario

      53

       46

       8.7

       8.0

        7

     5.5

     4.9

Manitoba

      19

        16

       8.5

       8.1

        3

     3.7

     3.7

Saskatchewan

      17

       14

     10.7

     10.0

        3

     5.4

     5.4

Alberta

      29

        25

     10.7

     10.1

        4

     3.8

     3.8

 

 

 

 

 

 

 

 

Total

     124

       107

 

 

       17

 

 

 

 

 

 

 

 

Men

 

 

 Average Trial Sentence = ( 6 x 9.5 ) + ( 46 x 8.7 ) + ( 16 x 8.5 ) + ( 14 x 10.7 ) +  ( 25 x 10.7 ) / 105

 

                                         = 1010.5 / 105

 

                                         = 9.4 years

 

 

Average Appeal Sentence = ( 6 x 8.2 ) + ( 46 x 8.0 ) + ( 16 x 8.1 ) + ( 14 x 10.0 ) + ( 25 x 10.1 ) / 105

 

                                           = 939.3 / 105

 

                                            = 8.8 years

 

 

 

Women

 

 

 Average Trial Sentence = ( 7 x 5.5 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17

 

                                        = 81.2 / 17

 

                                         = 4.8 years

 

 

Average Appeal sentence = (  7 x 4.9 ) + ( 3 x 3.7 ) + ( 3 x 5.4 ) + ( 4 x 3.8 ) / 17

 

                                          = 76.8 / 17

 

                                          = 4.5 years

 

 

 

 

 

 

 

Sentences for Murder

 

 

In summary, to compare male and female sentences for murders, a composite measure has been derived, using the minimum sentence for first and second degree murder, and the full sentences for manslaughter.

 

 

 

 

Men

 

 

Average sentence = ( 123 x 25 ) + ( 130 x 13.6 ) + ( 96 x 8.8 ) / 349

 

                              = 5687 / 349

 

                               = 16.3 years

 

 

 

Women

 

 

Average sentence = ( 7 x 25 ) + ( 8 x 14.5 ) + ( 16 x 4.4 ) / 31

 

                              = 361.4 / 31

 

                              = 11.6 years

 

 

 

 

 

 

Attempted Murder

 

 

The most serious assault charges not involving death is attempted murder. It has a relatively low conviction rate because it requires proof of premeditated intent to kill. Convictions, or plea bargains for lesser included assault charges are more often the result. Sentencing is primarily discretionary. In some cases no injuries may occur, and in others the victim may be permanently disfigured or handicapped.

 

 

 

 total

 # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

         2

       2

     100.0

         0

       0.0

Ontario

       33

      32

       96.9

         1

       3.1

Manitoba

         5

       5

     100.0

         0

       0.0

Saskatchewan

         3

       2

       66.7

         1

      33.3

Alberta

         3

       3

    100.0

         0

       0.0

 

 

 

 

 

 

Total

        45

    44

        95.6

          2

        4.4

 

 

44 / 2 = 22 men convicted for every woman

 

 

 

Average Attempted Murder Sentences

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

Newfoundland

         2

       2

     14.5

      9.0

         0

     na

     na

Ontario

       33

      32

     13.4

    13.3

         1

     7.3

     7.3

Manitoba

         5

       5

       7.2

      7.2

         0

     na

     na

Saskatchewan

         3

       2

     11.0

    11.0

         1

     1.8

     1.8

Alberta

         3

       3

     19.0

    17.0

         0

     na

     na

 

 

 

 

 

 

 

 

Total

        45

    44

 

 

          2

 

 

 

 

 

Men

 

 Average Trial Sentence = ( 2 x 14.5 ) + ( 32 x 13.4 ) + ( 5 x 7.2 ) + ( 2 x 11.0 ) + ( 3 x 19.0 ) / 44

 

                                        = 572.9 / 44

 

                                        = 13.0 years

 

 

Average Appeal Sentence = ( 2 x 9.0 ) + ( 32 x 13.3 ) + (5 x 7.2 ) + ( 2 x 11.0 ) + ( 3 x 17.0 ) / 44

 

                                           = 552.6 / 44

 

                                           = 12.6 years

 

 

 

Women

 

 

 Average  Trial Sentence = ( 1 x 7.3 ) + ( 1 x 1.8 ) / 2

 

                                       = 9.1 / 2

 

                                       = 4.5 years

 

 

Average Appeal Sentence = ( 1 x 7.3 ) + ( 1 x 1.8 ) / 2

 

                                          = 9.1 / 2

 

                                          = 4.5 years

 

 

 

 

 

 

Aggravated Assault

 

 

Aggravated assault includes most of the worst assaults not resulting in death. There are a variety of related and complimentary charges. Sexual assaults and assaults using a weapon are examples. Kidnapping and confinement are also typical accessory charges. Common assault or assault causing bodily harm may be included charges, or used as plea bargains. Maiming and criminal negliegence are also related. Uttering threats or violation of restraiuning orders are also often included in the charges. It is almost uncommon that assault charges occur in isolation.  Often global sentences are imposed. That can make it difficult to identify the exact term of imprisonmement applying just to the aggravated assault charge. Generally an aggravated assault charge is the most serious and other offences are given concurrent sentences. Weapons charges and some others may receive extended consecutive sentences depending on the situation. Where possible specific terms have been isolated from global sentences. Many problems are involved in assessing assault sentences. Often there are multiple charges. 3 assaults that occurred on separate days should possibly be recorded as 3 separate assaults. But that is less clear if a victim was assaulted in one room and then escaped to another where the perpetrator gave pursuit and continued the assault. The database contains both types of example and most every situation in between. Multiple assaults are generally treated similar to global sentences, as a single entry, unless clearly separate. Consisentency of treatment between the sexes may be more important to this comparative study than determining absolute sentence lengths. Finally it should be noted that sentencing is highly discretionary. 14 years is the maximum but that may be exceeeded by aggravating factors such as weapons offenses. Assaults by sexual predators whereby aggravated assault was an included offense or a plea bargain for rape offenses, have typically been excluded.

 

 

 

 

     total

    # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

        10

       10

     100.0

         0

        0.0

Ontario

        77

        72

        93.5

          5

        6.5

Manitoba

        15

        15

      100.0

          0

        0.0

Saskatchewan

        21

        20

        95.0

          1

        5.0

Alberta

        33

        30

        90.9

          3

        9.1

 

 

 

 

 

 

Total

      156

       147

 

          9

 

 

 

147 / 9 = 16.3 men convicted for every woman

 

 

 

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

Newfoundland

        10

       10

      4.7

      4.7

         0

      Na

     Na

Ontario

        82

        77

     6.2

     5.9

          5

      2.2

      2.2

Manitoba

        15

        15

      3.8

      3.6

          0

      Na

      Na

Saskatchewan

        21

        20

      4.1

      4.4

          1

      4.0

      2.5

Alberta

        33

        30

      4.0

      3.9

          3

      3.6

      2.3

 

 

 

 

 

 

 

 

Total

       161

       152

 

 

          9

 

 

 

 

 

Men

 

 Average Trial Sentence = ( 10 x 4.7 ) + ( 77 x 6.2 ) + ( 15 x 3.8 ) + ( 20 x 4.1 ) + ( 30 x 4.0 ) / 152

 

                                        = 783.4 / 152

 

                                        = 5.2 years

 

 

Average Appeal Sentence = ( 10 x 4.7 ) + ( 15 x 3.6 ) + ( 20 x 4.4 ) + ( 30 x 3.9 ) / 152

 

                                           = 765.2 / 152

 

                                           = 5.0 years

 

 

 

 

Women

 

 

 Average Trial Sentence = ( 1 x 4.0 ) + ( 3 x 3.6 ) / 4

 

                                          = 14.8 / 4

 

                                           = 2.9   

 

 

Average Appeal Sentence = ( 1 x 2.5 ) + ( 3 x 2.3 ) / 4

 

                                             = 9.4 / 4

 

                                              = 2.3 years

 

 

 

 

 

Major Assaults

 

 

As with murders, a composite measure can be constructed to evaluate major assaults.

 

 

Men

 

 Average Trial Sentence = ( 45 x 13.0 ) + ( 152 x 5.2 ) / 197

 

                                        = 1375.4 / 197

 

                                        = 7.0 years

 

 

Average Appeal Sentence = ( 45 x 12.6 ) + ( 152 x 5.0 ) / 197

 

                                           = 1327.0 / 197

 

                                            = 6.7 years

 

 

 

Women

 

 

 Average Trial Sentence = ( 2 x 4.5 ) + ( 9 x 2.9 ) / 11

 

                                        = 35.1 / 11

 

                                         = 3.2 years

 

 

Average Appeal sentence = ( 2 x 4.5 ) + ( 9 x 2.3 ) / 11

 

                                          = 29.7 / 11

 

                                          = 2.7 years

 

Spousal Murders and Major Assaults

 

 

Cases of spousal murders and assaults have been noted in the appendixes. Extracting this data produces the following results. Only 1 case of major assault by a female could be found though female spousal murder rates were higher than every category except child assaults and murders. It would either indicate females did commit a high percentage of murders but did not commit major assaults, or that female major assaults were plea bargained to lower charges.

 

 

 

 

 total

 # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

7

7

100.0

0

0.0

Ontario

55

49

89.1

6

10.9

Manitoba

4

3

75.0

1

25.0

Saskatchewan

8

6

75.0

2

25.0

Alberta

8

7

87.5

1

12.5

 

 

 

 

 

 

Total

82

72

87.8

10

12.2

 

 

 

 

Average Spousal Murder and Major Assault Sentences

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

First degree

19

15

25.0

25.0

4

25.0

25.0

Second degree

23

21

14.1

13.8

2

12.5

12.5

Manslaughter

8

5

12.7

12.7

3

4.8

4.8

Attempted Murder

16

15

14.0

13.0

1

1.8

1.8

Aggravated Assaul

16

16

6.6

6.6

0

Na

Na

 

 

 

 

 

 

 

 

Total

82

72

 

 

10

 

 

 

 

41 / 9 = 4.6 total male spousal murder convictions for every female conviction

32 / 1 = 32 total male major spousal assault convictions for every female conviction

72 / 10 = 7.2 total male spousal murder and major assault convictions for every female conviction

 

 

 

Male Spousal Murders

 

 Average Trial Sentence = ( 15 x 25.0 ) + ( 21 x 14.1 ) + ( 5 x 12.7 ) / 41

 

                                        = 734.6 / 41

 

                                        = 17.9 years

 

Average Appeal Sentence = ( 15 x 25.0 ) + ( 21 x 13.8 ) + ( 5 x 12.7 ) / 41

 

                                           = 728.1 / 41

 

                                            = 17.8 years

 

 

Female Spousal Murders

 

 

Average Trial Sentence = ( 4 x 25.0 ) + ( 2 x 12.5 ) + ( 3 x 4.8 ) / 9

 

                                        = 139.4 / 9

 

                                        = 15.5 years

 

 

Average Appeal Sentence = ( 4 x 25.0 ) + ( 2 x 12.5 ) + ( 3 x 4.8 ) / 9

 

                                           = 139.4 / 9

 

                                           = 15.5 years

 

 

 

 

Major Male Spousal Assaults

 

 

 Average Trial Sentence = ( 15 x14.0 ) + ( 16 x 6.6 ) / 31

 

                                        = 316.2 / 31

 

                                        = 10.2 years

 

 

Average Appeal Sentence = ( 15 x 13.0 ) + ( 16 x 6.6 ) / 31

 

                                           = 301.6 / 31

 

                                            = 9.7 years

 

 

Major Female Spousal Assaults

 

 

Average Trial Sentence = ( 1 x 1.8 ) + ( 0 x 0.0 ) / 1

 

                                        = 1.8 / 1

 

                                        = 1.8 years

 

 

Average Appeal Sentence = ( 1 x 1.8 ) + ( 0 x 0.0 ) / 1

 

                                           = 1.8 / 1

 

                                            = 1.8 years

 

 

Infanticide

 

 

Cases where children were killed by parents are noted in the appendixes. There are a variety of charges under which offenders were prosecuted, from first degree murder, down to criminal negligence. Women charged specifically with infanticide were found in Alberta and Ontario. Judicial disecretion in sentencing depends on the charge.

 

 

 

 

 

 total

 # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

       2

       2

    100.0

       0

       0.0

Ontario

     15

       9

     60.0

       6

     40.0

Manitoba

       3

       2

     66.6

       1

      33.3

Saskatchewan

       1

       0

      0.0

       1

    100.0

Alberta

       6

       2

      20.0

       4

      80.0

 

 

 

 

 

 

Total

      27

      15

      55.6

       12

      44.4

 

 

15 / 12 = 1.3 men convicted for every woman

 

 

 

Average Infanticide Sentences

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

First degree

     6

       5

     25.0

      25.0

       1

     25.0

     25.0

Second degree

     6

       5

      19.2

       16.0

       1

      15.0

     15.0

Manslaughter

     9

       5

       5.7

        5.9

       4

       4.5

       3.3

Infanticide

     3

       0

       0.0

        0.0

       3

       4.1

       4.1

Criminal Negligence

     3

       0

       0.0

        0.0

       3

       3.2

       3.2

 

 

 

 

 

 

 

 

Total

    27

       15

 

 

       12

 

 

 

 

 

 

Men

 

 Average Trial Sentence = ( 5 x 25.0 ) + ( 5 x 19.2 ) + ( 5 x 5.7 ) / 15

 

                                        = 249.5 / 15

 

                                        = 16.6 years

 

 

Average Appeal Sentence = ( 5 x 25.0 ) + ( 5 x 16.0 ) + ( 5 x 5.9 ) / 15

 

                                           = 224.5 / 15

 

                                            = 15.0 years

 

 

 

Women

 

 

 Average Trial Sentence = ( 1 x 25.0 ) + ( 1 x 15.0 ) + ( 4 x 4.5 ) + ( 3 x 4.1 ) + ( 3 x 3.2 ) / 12

 

                                        = 79.9 / 12

 

                                         = 6.6 years

 

 

Average Appeal sentence = ( 1 x 25.0 ) + ( 1 x 15.0 ) + ( 4 x 3.3 ) + ( 3 x 4.1 ) + ( 3 x 3.2 ) / 12

 

                                          = 66.2 / 11

 

                                          = 6.0 years

 

 

 

 

 

 

Major Child Assaults

 

 

Cases where children were assaulted by parents are noted in the appendixes. Guardians such as step parents and babysitters are included. Assaults by children against their parents are not included. The most common major assault of children was shaking babies. A much higher proportion of aggravated assaults by women against children can be found than against spouses.

 

 

 

 

 

 

 total

 # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

       0

       0

      0.0

       0

       0.0

Ontario

       9

       4

     44.4

       5

     55.6

Manitoba

       0

       0

      0.0

       0

      0.0

Saskatchewan

       2

       2

    100.0

       0

       0.0

Alberta

       1

       0

       0.0

       1

     100.0

 

 

 

 

 

 

Total

      12

       6

      50.0

        6

      50.0

 

 

6 / 6 = 1.0 man convicted for every woman

 

 

 

 

 

Average Child Assault Sentences

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

Newfoundland

     0

       0

      Na

       Na

       0

      Na

      Na

Ontario

     6

       4

       6.9

        6.9

       5

       3.1

      2.7

Manitoba

     0

       0

      Na

       Na

       0

       Na

      Na

Saskatchewan

     2

       2

       4.8

        4.2

       0

       Na

       Na

Alberta

     1

       0

       Na

        Na

       1

       1.3

       1.3

 

 

 

 

 

 

 

 

Total

    12

        6

 

 

        6

 

 

 

 

 

 

Men

 

 Average Trial Sentence = ( 4 x 6.9 ) + ( 2 x 4.8 ) / 6

 

                                        = 37.0 / 6

 

                                        = 6.2 years

 

 

Average Appeal Sentence = ( 4 x 6.9 ) + ( 2 x 4.2 ) / 6

 

                                           = 35.9 / 6

 

                                            = 6.0 years

 

 

 

Women

 

 

 Average Trial Sentence = ( 5 x 3.1 ) + ( 1 x 1.3 ) / 6

 

                                        = 15.5 / 6

 

                                         = 2.8 years

 

 

Average Appeal sentence = ( 5 x 2.7 ) + ( 1 x 1.3 ) / 6

 

                                          = 13.5 / 6

 

                                          = 2.5 years

 

 

 

 

 

 

                                                              Conclusions

 

 

Major Assaults and Homocides

 

 

 

     total

    # men

  % men

# women

%women

 

 

 

 

 

 

Newfoundland

     28

     28

    100.0

     0

      0.0

Ontario

    345

    322

     93.3

    23

      6.7

Manitoba

    56

     51

     91.1

     5

      8.9

Saskatchewan

     62

     57

     91.9

     5

      8.1

Alberta

     99

     89

     89.9

     10

     10.1

 

 

 

 

 

 

Total

     590

      547

     92.7

     43

       7.3

 

 

 

 

Average Major Assault and Homicide Sentences

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

First degree

   131

      124

     25.0

     25.0

       7

   25.0

   25.0

Second degree

   138

      130

     14.2

     13.6

       8

   15.1

   14.5

Manslaughter

   124

      107

       9.4

       8.8

     17

     4.8

     4.5

Attempted Murder

    47

       45

     13.0

     12.6

       2

     4.5

     4.5

Aggravated Assault

   161

      152

       5.2

       5.0

       9

     2.9

     2.3

 

 

 

 

 

 

 

 

Total

590

547

 

 

      43

 

 

 

 

 

 

Comparison of Male and Female Sentencing

 

 

 

Total cases

(  # men  /      # women )

( Female trial sentence  / male trial sentence ) x 100

( Female appeal sentence  / male appeal sentence ) x 100

 

 

 

 

 

First degree

   131

124 / 7 = 17.7

25.0 / 25.0 x 100 = 100.0

25.0 / 25.0 x 100 = 100.0

Second degree

   138

130 / 8 = 16.3

15.1 / 14.2 x 100 = 106.3

14.5 / 13.6 x 100 = 106.6

Manslaughter

   124

107 / 17 = 6.3

      4.8 / 9.4 x 100 = 51.1

      4.5 / 8.8 x 100 = 51.1

Attempted Murder

     47

  45 / 2 = 22.5

    4.5 / 13.0 x 100 = 34.6

    4.5 / 12.6 x 100 = 35.7

Aggravated Assault

   161

152 / 9 = 16.9

      2.9 / 5.2 x 100 = 55.7

      2.9 / 5.2 x 100 = 55.7

 

 

 

 

 

Total

   590

547 / 43 = 12.7

 

 

 

 

Family Major Assaults and Homocide Sentences

 

 

 

 

   total

 # men

  trial sentence

 appeal sentence

# women

   trial sentence

 appeal sentence

 

 

 

 

 

 

 

 

Spousal Murders

    50

       41

     17.9

     17.8

       9

   15.5

   15.5

Spousal Assaults

    32

       31

     10.2

      9.7

       1

     1.8

    1.8

Infant Murders

    27

       15

      16.6

    15.0

     12

     6.6

     6.0

Child Assualts

    12

         6

       6.2

      6.0

       6

     2.8

     2.5

 

 

 

 

 

 

 

 

Total

   121

       93

 

 

      28

 

 

 

 

 

 

 

Comparison of Male and Female Sentencing

 

 

 

 

Total cases

(  # men  /      # women )

( Female trial sentence  / male trial sentence ) x 100

( Female appeal sentence  / male appeal sentence ) x 100

 

 

 

 

 

Spousal Murders

    50

  41 / 9 = 4.5

15.5 / 17.9 x 100 = 86.0

15.5 / 17.8 x 100 = 87.0

Spousal Assualts

    32

 31 / 1 = 31.0

  1.8 / 10.2 x 100 = 17.6

   1.8 / 9.7 x 100 = 18.6

Infant Murders

    27

 15 / 12 = 1.3

    6.6 / 16.6 x 100 = 39.8

   6.0 / 15.0 x 100 = 40.0

Child Assaults

    12

    6 / 6 = 1.0

    2.8 / 6.2 x 100 = 45.2

    2.5 / 6.0 x 100 = 41.7

 

 

 

 

 

Total

   590

547 / 43 = 12.7

 

 

 

 

 

 

 

In conclusion, murders for which males were convicted exceeded those of females by more than 16 to 1 in both first and second degree murders. The far greater prevalence of female convictions for manslaughter would tend to indicate they were plea bargained to lesser charges. Male and female sentences were necessarily equal for fixed first degree murder convictions. Male sentences were just over 6 % less than females for second degree murder. Female sentences were almost 50 % less for manslaughter , 65 % less for attempted murder, and 55 % less for aggravated assault. Female sentences were 13.5 % less for spousal murders, and the absence of female convictions for major spousal assaults would also tend to indicate they were given plea bargains to lesser charges and therefore received lesser sentences. Female sentences were 60 % less in child killings, and for child assaults. The overall database showed a 12.7 to 1 ratio for male to female convictions. Spousal convictions showed an average of 7.2 male convictions for every female conviction indicating females were more prone to violence directed towards their spouses. 53 % of murders committed by females were against their spouses compared to 38.3 for males. Convictions for violence against children were relatively even though males received longer sentences. It must be concluded that a significant sexual bias favouring females exists in the sentencing of crimes of violence by the Superior Court,.

 

 

 

Ont Superior Court Murder Sentences

 

 

 

 

 

 

sex

      sentence

 

                   description

 

1

R. v. Appleton, 2001 CanLII 21204 (ON C.A.)

m

First degree murder

Man kills mother in law

2

R. v. Beaucage, 2005 CanLII 23676 (ON C.A.)

m

First degree murder

Killed wife. Appeal dismissed

3

R. v. Belowitz, 1993 CanLII 616 (ON C.A.)

m

First degree murder

Appeal dismissed

4

R. v. Bernardo, 2000 CanLII 5678 (ON C.A.)

m

First degree murder

2 counts, confinement, sexual assault

5

R. v. Biscombe, 2001 CanLII 3114 (ON C.A.)

m

First degree murder

Appeal dismissed

6

R. v. Brown, 2002 CanLII 41917 (ON C.A.)

m

First degree murder

Appeal dismissed

7

R. v. Brown, 2006 CanLII 42683 (ON C.A.)

m

First degree murder

Also 12 counts of robbery

8

R. v. C.D., 2005 CanLII 5667 (ON C.A.)

w

First degree murder

Woman poisons ex husband with antifreeze in his wine

9

R. v. Campbell, 2005 CanLII 39861 (ON C.A.)

m

First degree murder

Appeal dismissed

10

R. v. Carričre, 2004 CanLII 34707 (ON C.A.)

m

First degree murder

Appeal dismissed

11

R. v. Charrette, 1998 CanLII 2696 (ON C.A.)

m

First degree murder

Appeal disissed

12

R. v. Clark, 2004 CanLII 12038 (ON C.A.)

m

First degree murder

2 counts, appeal dismissed

13

R. v. Collins, 1989 CanLII 264 (ON C.A.)

m

First degree murder

Planned the murder of a policeman, appeal dismissed

14

R. v. Cowell, 2006 CanLII 20524 (ON C.A.)

m

First degree murder

Man kills wife, appeal dismissed

15

R. v. Cronton Edwards, 2004 CanLII 32312 (ON C.A.)

m

First degree murder

2 counts, appeal dismissed

126

R. v. Curran, 2004 CanLII 10434 (ON C.A.)

m

First degree murder

Appeal dismissed

17

R. v. Dakin, 1995 CanLII 1106 (ON C.A.)

m

First degree murder

2 counts, man kills girlfriend and her child by pouring gas on them in bed and setting them on fire

18

R. v. David, 2002 CanLII 45049 (ON C.A.)

m

First degree murder

3 counts, man kills mother and 2 others with sledgehammer

19

R. v. Edelenbos, 2004 CanLII 875 (ON C.A.)

m

First degree murder

Sexually assaulted woman and killed her

20

R. v. Fieldhouse, 1994 CanLII 1802 (ON C.A.)

m

First degree murder

2 men in beating death, appeal dismissed

21

R. v. Fieldhouse, 1994 CanLII 1802 (ON C.A.)

m

First degree murder

2 men in beating death, appeal dismissed

22

R. v. Foreman, 2002 CanLII 6305 (ON C.A.)

m

First degree murder

Man kills former girlfriend

23

R. v. G.C., 2005 CanLII 12679 (ON C.A.)

m

First degree murder

2 counts, appeal dismissed

24

R. v. Gayle, 2001 CanLII 4447 (ON C.A.)

m

First degree murder

Kills a policeman

25

R. v. Harding Lovie, 1995 CanLII 801 (ON C.A.)

m

First degree murder

2 counts and attempted murder, appeal dismissed

26

R. v. Hector, 2000 CanLII 5725 (ON C.A.)

m

First degree murder

3 counts, appeal dismissed

27

R. v. Heyden, 1999 CanLII 1934 (ON C.A.)

m

First degree murder

Father and son convicted of killing business associate

28

R. v. Heyden, 1999 CanLII 1934 (ON C.A.)

m

First degree murder

Father and son convicted of killing business associate

29

R. v. Ho, 1999 CanLII 3823 (ON C.A.)

m

First degree murder

Man kills girlfriend

30

R. v. Humaid, 2006 CanLII 12287 (ON C.A.)

m

First degree murder

Man kills wife

31

R. v. James, 2006 CanLII 33664 (ON C.A.)

m

First degree murder

Sexual assaulted victim

32

R. v. Jones, 2001 CanLII 7588 (ON C.A.)

m

First degree murder

Appeal dismissed

33

R. v. Jones, 2003 CanLII 12422 (ON C.A.)

m

First degree murder

Appeal disissed

34

R. v. Joyce, 1996 CanLII 3040 (ON C.A.)

m

First degree murder

Robbery, appeal dismissed

35

R. v. Joyce, 1996 CanLII 3040 (ON C.A.)

m

First degree murder

Robbery, appeal dismissed

36

R. v. Kimberley, 2001 CanLII 24120 (ON C.A.)

m

First degree murder

Unlawful confinement, woman beaten to death and robbed in parking garage

37

R. v. Kimberley, 2001 CanLII 24120 (ON C.A.)

m

First degree murder

Unlawful confinement, woman beaten to death and robbed in parking garage

39

R. v. Kinkead, 2003 CanLII 52177 (ON C.A.)

m

First Degree murder

2 counts, appeal dismissed

39

R. v. Lee, 2005 CanLII 46628 (ON C.A.)

m

First degree murder

 

40

R. v. Loughlin, 2006 CanLII 1176 (ON C.A.)

m

First degree murder

Makes it look like wife committed suicide

41

R. v. Mach, 1999 CanLII 3752 (ON C.A.)

m

First degree murder

Also attempted murder

42

R. v. MacKinnon, 1999 CanLII 1723 (ON C.A.)

m

First degree murder

Appeal dismissed

43

R. v. Malboeuf, 1997 CanLII 1414 (ON C.A.)

m

First degree murder

Sexual sadism and “ necrophilia lust “.

44

R. v. Malik, 2007 ONCA 120 (CanLII)

m

First degree murder

Beat man with baseball bat

45

R. v. Marshall, 2005 CanLII 30051 (ON C.A.)

m

First degree murder

Appeal dismissed

46

R. v. McAuley, 1997 CanLII 1630 (ON C.A.)

w

First degree murder

Wife plans murder of husband with son and accomplice to look like a robbery

47

R. v. McAuley, 1997 CanLII 1630 (ON C.A.)

w

First degree murder

Wife plans murder of husband with son and accomplice to look like a robbery

48

R. v. McCaw, 1998 CanLII 1294 (ON C.A.)

m

First degree murder

Appeal dismissed

49

R. v. McGregor, 1999 CanLII 2553 (ON C.A.)

m

First degree murder

Man kills ex wife

50

R. v. McNeil, 2006 CanLII 33663 (ON C.A.)

m

First degree murder

Killed ex wifes boyfriend and tried to kill ex wife and burn house

51

R. v. Merz, 1999 CanLII 1647 (ON C.A.)

m

First degree murder

Planned murder of separated wife with children

52

R. v. Mirkhandan, 2004 CanLII 15487 (ON C.A.)

m

First degree murder

Appeal dismissed

53

R. v. Mullins-Johnson, 1996 CanLII 1214 (ON C.A.)

m

First degree murder

Man sexually assaults 4 year old daughter

54

R. v. Needham, 1996 CanLII 1193 (ON C.A.)

m

First degree murder

Appeal dismissed

55

R. v. Nguyen, 2002 CanLII 44910 (ON C.A.)

m

First degree murder

Appeal dismissed

56

R. v. Niemi, 1998 CanLII 2191 (ON C.A.)

m

First degree murder

Man dies before appeal is heard

57

R. v. Norouzali, 2003 CanLII 10348 (ON C.A.)

m

First degree murder

2 counts, 4 counts attempted murder, roberry, firearms

58

R. v. Olah, 1997 CanLII 3023 (ON C.A.)

m

First degree murder

Appeal dismissed

59

R. v. Osmar, 2007 ONCA 50 (CanLII)

m

First degree murder

Appeal dismissed

60

R. v. Pengelly, 2000 CanLII 16874 (ON C.A.)

m

First degree murder

Kills girlfriends child

61

R. v. Perera, 2005 CanLII 22125 (ON C.A.)

m

First degree murder

Forcible confinement, appeal dismissed

62

R. v. Pilotte, 2002 CanLII 34599 (ON C.A.)

m

First degree murder

Appeal dismissed

63

R. v. Poitras, 2002 CanLII 23583 (ON C.A.)

m

First degree murder

Deceased wife charged as accessory after the fact, deceased dismembered

64

R. v. Pollock, 2004 CanLII 16082 (ON C.A.)

m

First degree murder

Murder charge upheld, other charges reduced or allowed appeal.

65

R. v. Porter, 1997 CanLII 929 (ON C.A.)

m

First degree murder

Appeal dismissed

66

R. v. Raghunauth, 2005 CanLII 37253 (ON C.A.)

m

First degree murder

Man poisons wife with cyanide for insurance money

67

R. v. Randall, 2007 ONCA 40 (CanLII)

m

First degree murder

Killed common law wife

68

R. v. Richardson, 2003 CanLII 3896 (ON C.A.)

m

First degree murder

Victims kidnapped comfined and tortured over drug debts

69

R. v. Richardson, 2003 CanLII 3896 (ON C.A.)

m

First degree murder

Victims kidnapped comfined and tortured over drug debts

70

R. v. Richardson, 2003 CanLII 3896 (ON C.A.)

m

First degree murder

Victims kidnapped comfined and tortured over drug debts

71

R. v. Rochon, 2003 CanLII 9600 (ON C.A.)

m

First degree murder

Wife and son kill asbusive husband for insurnce money

72

R. v. Rochon, 2003 CanLII 9600 (ON C.A.)

w

First degree murder

Wife and son kill asbusive husband for insurnce money

73

R. v. Rowe, 2006 CanLII 14235 (ON C.A.)

m

First degree murder

Shot teller during bank robbery

74

R. v. Roy, 2003 CanLII 4272 (ON C.A.)

m

First degree murder

Child sexually assaulted

75

R. v. Royer, 1995 CanLII 1174 (ON C.A.)

m

First degree murder

Kills girlfriends child and attempts to murder her

76

R. v. Sandhu, 2006 CanLII 8886 (ON S.C.)

m

First degree murder

Principle character in beating death

77

R. v. Savojipour, 2006 CanLII 3458 (ON C.A.)

m

First degree murder

Man rapes and kills estranged lovers 16 year old  son, defleshes victim and hides body parts

78

R. v. Singh Samra, 2005 CanLII 13029 (ON C.A.)

m

First degree murder

Shoots 2 lawyers, wife and daughter at trial at Court of Appeal, appeal dismissed

79

R. v. Snow, 2004 CanLII 34547 (ON C.A.)

m

First degree murder

Appeal dismissed

80

R. v. Snowdon, 2004 CanLII 18493 (ON C.A.)

m

First degree murder

Killed child and dumped body in Lake Ontario

81

R. v. Stark, 2000 CanLII 3503 (ON C.A.)

m

First degree murder

Confined and assaulted and killed daughters friend

82

R. v. Stewart, 2006 CanLII 11226 (ON C.A.)

m

First degree murder

2 counts

83

R. v. Tavenor, 2001 CanLII 24139 (ON C.A.)

m

First degree murder

Killed wife

84

R. v. Taylor, 2002 CanLII 11611 (ON C.A.)

m

First degree murder

Appeal dismissed

85

R. v. Terceira, 1998 CanLII 2174 (ON C.A.)

m

First degree murder

Man rapes and kills child

86

R. v. V.D.F., 2006 CanLII 40676 (ON S.C.)

m

First degree murder

Man shoots wife and others in nightclub. 2 killed, wife survives, history of domestic assault

87

R. v. Varcoe, 1996 CanLII 1129 (ON C.A.)

m

First degree murder

Appeal dismissed

88

R. v. Wall, 2005 CanLII 44164 (ON C.A.)

m

First degree murder

Killed girlfriend and dismembered her with a hacksaw in the bathtub

89

R. v. Wells, 2001 CanLII 24130 (ON C.A.)

m

First degree murder

2 counts and 2 counts second degree

90

R. v. Westergard, 2004 CanLII 16356 (ON C.A.)

m

First degree murder

Appeal dismissed

91

R. v. White, 1996 CanLII 3013 (ON C.A.)

m

First degree murder

Execution stlye killing

92

R. v. White, 1996 CanLII 3013 (ON C.A.)

m

First degree murder

Execution stlye killing

93

R. v. Wiltse, 1994 CanLII 822 (ON C.A.)

m

First degree murder

Man beaten and body dumped in forest

94

R. v. Wiltse, 1994 CanLII 822 (ON C.A.)

m

First degree murder

Man beaten and body dumped in forest

95

R. v. Winmill, 1999 CanLII 1353 (ON C.A.)

m

First degree murder

Appeal dismissed

96

R. v. Yarema, 2006 CanLII 23953 (ON S.C.)

 

m

First degree murder

 Beating death, left to die in woods, allowed to make early release application after 15 years for being a model prisoner

97

Regina v. Minhas, 1986 CanLII 144 (ON C.A.)

w

First degree murder

Woman kills 8 year old daughter

1

R. v. Alexander, 2001 CanLII 6116 (ON C.A.)

m

Manslaughter 151/2 years

Reduced to 12 years on appeal

2

R. v. Biscombe, 2001 CanLII 3114 (ON C.A.)

m

Manslaughter, 8 years,

Testified against his partner in armed robbery

3

R. v. Bisson, 2004 CanLII 12844 (ON S.C.)

w

Manslaughter, 10 years, 4 ˝ years deducted for time served

Beating death from fight when intoxicated, woman has psychiatric problems

4

R. v. Bisson, 2004 CanLII 12844 (ON S.C.)

 

m

Manslaughter, 10 years, 4 years deducted for 2 years served

Beating death from fight when intoxicated, mans father in jail for life for killing second wife.

5

R. v. Brizard, 2006 CanLII 5444 (ON C.A.)

m

Manslaughter 5 years, original sentence not stated

Reduced to 5 years on appeal

6

R. v. Brown, 2006 CanLII 5615 (ON S.C.)

m

Manslaughter, declared a dangerous offender, indeterminate sentence

Vagrant chronic alcoholic kills acquaintance he is drinking with

7

R. v. C.W., 2006 CanLII 11225 (ON C.A.)

m

Manslaughter 12 years

Sexual interference with 3 teenaged girls

8

R. v. Campbell, 2005 CanLII 801 (ON S.C.)

m

Manslaughter, declared dangerous offender, indeterminant sentence

Charged with second degree murder, plead guilty to manslaughter, history of violence, psyciatric problems

9

R. v. Carričre, 2002 CanLII 41803 (ON C.A.)

m

Manslaughter, 17 years equivalent sentence, 2 years 8 months pretrial counted as 3 years

Aboriginal, shot man twice in armmmed robbery, originally convicted of second degree murder overturned on appeal

10

R. v. Chenier, 2006 CanLII 3560 (ON C.A.)

 

m

Manslaughter 15 years

Biker murders, plead guilty in exchage for charge dropped from first degree murder

11

R. v. Clapp, 1998 CanLII 992 (ON C.A.)

m

Manslaughter, 15 years

Reduced to 10 years on appeal

12

R. v. Clarke, 2003 CanLII 28199 (ON C.A.)

m

Manslaughter 14 years

Sentence reduced to 9 years on appeal

13

R. v. Cleyndert, 2006 CanLII 33851 (ON C.A.)

m

Manslaughter 12 years

Appeal dismissed

14

R. v. Cooney, 1995 CanLII 707 (ON C.A.)

m

Manslaughter, 12 years

Sentence reduced to 8 years on appeal

15

R. v. Craig, 2003 CanLII 12866 (ON C.A.)

m

Manslaughter, 10 years

Man kills gay lover, sentence reduced to 7 years on appeaL

16

R. v. Crooks, [1996] O.J. No. 3965

m

Manslaughter, 8 years

Man killed in robbery of firearms training center

17

R. v. Da Silva, 2005 CanLII 46380 (ON C.A.)

w

Manslaughter, 3 years

Neglected baby and went out dancing.

18

R. v. Dang, 2004 CanLII 19519 (ON S.C.)

w

Manslaughter and conspiracy, 34 months served, 2 years 7 months more to be served

Woman lures couple to remote spot where they are killed, claims she didn’t know, plea bargain

19

R. v. Devaney, 2006 CanLII 33666 (ON C.A.)

m

Manslaughter, 11 years including time served

Killed landyladt when she told him he had to move out

20

R. v. Douglas, 1996 CanLII 666 (ON C.A.)

m

Manslaughter 3 years

Second party in biker killing, appeal court says sentence is too low but doesn’t change it

21

R. v. Douglas, 1996 CanLII 666 (ON C.A.)

m

Manslaughter 7 years

Biker killing

22

R. v. Douglas, 1996 CanLII 666 (ON C.A.)

m

Manslaughter 7 years

First party in vigilante type killing of biker

23

R. v. Fiddler, 2005 CanLII 21101 (ON S.C.)

m

Manslaughter, 2 years, no probation or DNA

Baby dies with bruising. Wife pleads guilty to manslaughter, husband charged for failure to provide protection

24

R. v. Fisher, 2004 CanLII 10497 (ON S.C.)

w

Manslaughter, 8 years, credit for 3 years served

Alcohol and domestic violence problems, woman kills commn law husband with knife when drunk in a fight.

25

R. v. G.L., 2005 CanLII 5492 (ON S.C.)

m

Manslaughter, 7 years, 5 years credit for pretrial jail in oppressive Don Jail

Revenge killing for beating, didn’t know other person had a gun, innocent man killed

26

R. v. Garrison, 1999 CanLII 2875 (ON C.A.)

m

Manslaughter 14 years

Sentence changed to 10 years on appeal

27

R. v. Gough [1995] O.J. No. 4325

m

Manslaughter 15 years

Innocent victim killed in armed robbery, 15 year sentence reduced to 12 years on appeal due to youth

28

R. v. Haché, 1995 CanLII 2126 (ON C.A.)

m

Manslaughter 9 years

Kills girlfriend and claims it was self defense

29

R. v. Hanifan, 2001 CanLII 4000 (ON C.A.)

m

Manslaughter 6 years

Appeal dismissed

30

R. v. Haynes, 2005 CanLII 19792 (ON S.C.)

 

m

 Manslaughter, 5 years with 30 month credit for pretrial jail

Charged with second degree murder, plead guilty to manslaughter, not premeditated, other person strikes the first blow and man stabs him

31

R. v. Langkamm, 2003 CanLII 4429 (ON S.C.)

w

Manslaughter, 2 ˝ years

Set fire that killed man, says she just intended to make him move, second degree but convicted of attached manslaughter charge.

32

R. v. Leaf [2004] O.J. No. 1692, (S.C.)

m

Manslaughter, 9 years not including 29 months pretrial

Robbed people buying contraband cigarettes, gun discharged by accidentconcurrent terms for robbery and possession of counterfit money.

33

R. v. Marini, 2006 CanLII 34282 (ON S.C.)

m

Manslaughter, 12 years with 2 years deducted for pretrial time served

Break in and force jewelry store owner to open safe, owner killed, 8 yearsaggravated assault, 6 years robbery, 4 years conspiracy rto commit robbery served concurrent

34

R. v. Marks [1996] O.J. No. 5262

 

m

Manslaughter 9 years not including 2 years pretrial custody

Armed robbery at a private home, owner killed, other gun and robbery charges

35

R. v. McCullough, 2000 CanLII 1983 (ON C.A.)

m

Manslaughter, 7 years

Group of men sexually assaualted and killed another man

36

R. v. McCullough, 2000 CanLII 1983 (ON C.A.)

m

Manslaughter, 7 years

Group of men sexually assaualted and killed another man

37

R. v. Oliver, 2005 CanLII 3582 (ON C.A.)

m

Manslaughter, total 8 years ( 4 years plus 2 served )

Helped friend beat homeless person hassling his girlfriend

38

R. v. Pitter, 2006 CanLII 41813 (ON S.C.)

 

m

Manslaughter, 11 years, firearm charges concurrent sentences

Shot 2 people in parking lot, criminal record with no violence, deterent to taking guns in public places

39

R. v. Price, [2000] O.J. No. 886

m

Manslaughter, 5 years

Robbery of a jewelry store, plead guilty and testifies against partners

40

R. v. Price, [2000] O.J. No. 886

m

Manslaughter,6 1/2 years

Robbery of a jewelry store, driver of the getaway car, hadn’t participated in the robbery, sentence reduced on appeal from 9 years

41

R. v. Roberts, 2004 CanLII 22964 (ON S.C.)

m

Manslaughter, 6 years less time served

Fight between 2 men.

42

R. v. Rogers, 1996 CanLII 1136 (ON C.A.)

m

Manslaughter 2 year including time served

 

43

R. v. Sandhu, 2006 CanLII 8886 (ON S.C.)

 

m

Manslaughter, 7 years

Involved in beating death butr less blameworthy

44

R. v. Shanks, 1996 CanLII 2080 (ON C.A.)

m

Manslaughter 6 years

Man dies of heart attack hours after fight, sentence reduced to 2 years on appeal

45

R. v. Shepherd, 2006 CanLII 23944 (ON S.C.)

 

m

Manslaughter, 10 years, 2 ˝ years deducted for 27 months served

Beat old lady to death when she tried to phone police.

46

R. v. Simcoe, 2002 CanLII 5352 (ON C.A.)

w

Manslaughter 4 years

Daughter kills father who was sexually abusing herentence reduced to time seved which was 1 year and 8 months pretrial

47

R. v. Soikie, 2004 CanLII 32269 (ON S.C.)

m

Manslaughter, 9 ˝ years less 2 years 5 months for pretrial custody

Argument between 2 men high on cocaine. One hits the other with a pipe wrench

48

R. v. Sriskantharajah, 1994 CanLII 631 (ON C.A.)

w

Manslaughter 6 years

2 counts concurrent sentences, woman kills her 2 infants and tries to kill herself, Sentence reduced to 2 years on appeal

49

R. v. Turcotte, 2000 CanLII 14721 (ON C.A.)

m

Manslaughter, 2 years conditional

Man kills mother, changed to 2 years custodial on appeal

50

R. v. Varga, 2001 CanLII 8610 (ON C.A.)

m

Manslaughter, 12 years

Man shot

51

R. v. Whyte, [2001] O.J. No. 212

m

Manslaughter, 14 years

Drug dealer killed in robbery, history of firearms offences

52

R. v. Yaari, [1995] O.J. No. 3030

m

Manslaughter, 16 years

Jewelry store robbery, proprietor killed, prior conviction for rape, upheld by the court of appeal

53

R. v. Yeung, 1994 CanLII 1497 (ON C.A.)

m

Manslaughter, 7 years plus 16 months served

Further reduced to 5 years on appeal.

1

R. v. Acorn, 1996 CanLII 536 (ON C.A.)

m

Second degree murder, 14 year parole ineligibility

Appeal dismissed

2

R. v. Allegretti, 1994 CanLII 787 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Man kills wife in divorce dispute

3

R. v. Armstrong, 1995 CanLII 1570 (ON C.A.)

w

Second degree murder, 12 year parole ineligibility

Woman gets a hitman to kill friends husband, plea bargains from first degree murder

4

R. v. Bajrangie-Singh, 2003 CanLII 47384 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Man shoots wife 13 times, Sentence reduced to 13 years parole ineligibility

5

R. v. Baltovich, 2000 CanLII 5680 (ON C.A.)

m

Second degree murder, 17 year parole ineligibility

Killed his girlfriend

6

R. v. Baptiste, 2003 CanLII 46067 (ON C.A.)

 

m

Second degree murder, 15 year parole ineligibility

Appeal dismissed

7

R. v. Bazinet, 1986 CanLII 108 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Man kills girlfriend

8

R. v. Bisson, 2004 CanLII 12844 (ON S.C.)

 

m

Second degree, parole ineligibilty 11 years

Beating death from fight when intoxicated

9

R. v. Cece, 2004 CanLII 31690 (ON C.A.)

w

Second degree murder, 16 years parole ineligibility

Kills undercover police officer to steal car

10

R. v. Cece, 2004 CanLII 31690 (ON C.A.)

w

Second degree murder, 18 years parole ineligibility

Kills undercover police officer to steal car

11

R. v. Clarke, 2005 CanLII 15705 (ON C.A.)

m

Second degree murder, 20 year parole ineligibility

Appeal dismissed

12

R. v. Conway, 1997 CanLII 2726 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Sentence changed to equivalent of 10 years with time served for manslaughter

13

R. v. Danvers, 2005 CanLII 30044 (ON C.A.)

m

Second degree murder, 18 year parole ineligibility

Killing at a nightclub. Sentence reduced to 15 years parole ineligibility

14

R. v. Davenport, 1996 CanLII 1027 (ON C.A.)

m

Second degree murder, 20 year parole ineligibility

Killed 2 women, 20 prior convictions including violence

15

R. v. Desrosiers, 2004 CanLII 30063 (ON C.A.)

m

Second degree murder, 15 years parole ineligibility

Appeal dismissed

16

R. v. Dewald, 2001 CanLII 4721 (ON C.A.)

m

Second degree murder, 23 year pasrole ineligibility

2 countsd, drowned 2 children holding their heads underwater, sentence reduced to 17 years parole ineligibility

17

R. v. Elkins, 1995 CanLII 3510 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Man kills witness against him

19

R. v. Faulds, 1994 CanLII 770 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Appeal dismissed

19

R. v. Faulds, 1994 CanLII 770 (ON C.A.)

m

Second degree murder, 19 year parole ineligibility

Sentence inreased to 23 year parole ineligibility on crown appeal

20

R. v. Flegel, 2005 CanLII 13775 (ON C.A.)

m

Second degree murder, 16 years

Appeal dismissed

21

R. v. G.L., 2005 CanLII 5492 (ON S.C.)

m

Second degree murder, 15 years parole ineligibility, no credit for pretrial detention

Revenge killing for beating, leadership role

22

R. v. Gervais, 2004 CanLII 47149 (ON C.A.)

m

Second degree murder, 14 year parole ineligibility

Sentence reduced to 12 year ineligibiliy on appeal

23

R. v. Glaremin, 2000 CanLII 17021 (ON C.A.)

w

Second degree murder, 20 year parole ineligibility

Appeal dismissed

24

R. v. Grandbois, 2003 CanLII 52129 (ON C.A.)

m

Second degree murder, 16 years parole ineligibility

 Appeal dismissed

25

R. v. Guertin, 2000 CanLII 16961 (ON C.A.)

m

Second degree murder, 13 year parole ineligibility

Appeal dismissed

26

R. v. H. W. N., 1995 CanLII 478 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

 

27

R. v. Hall, 2004 CanLII 46216 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Appeal dismissed

28

R. v. Hayden, 2006 CanLII 15894 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Killed witness to attempted murder, appeal dismissed

29

R. v. Horvath, 2002 CanLII 45024 (ON C.A.)

m

Second degree murder, 13 year parole ineligibility

Appeal dismissed

30

R. v. Jensen, 2005 CanLII 7649 (ON C.A.)

m

Second degree murder, 12 year parole ineligibility

Appeal dismissed

31

R. v. Joanisse, 1995 CanLII 3507 (ON C.A.)

 

m

Second degree murder, 10 year parole ineligibility

Man kills wife and sets fire to try to cover her death

32

R. v. Joly, 1999 CanLII 3709 (ON C.A.)

m

Second degree murder, 20 year parole ineligibility

Sentence reduced to 15 years parole ineligibility on appeal

33

R. v. Kavanagh, 1994 CanLII 1151 (ON C.A.)

w

Second degree murder, 15 year parole ineligibility

Sentence reduced to 10 years parole ineligibility on appeal

34

R. v. Kitaitchik, 2002 CanLII 45000 (ON C.A.)

m

Second degree murder, 12 years parole ineligibility

Won appeal of irst conviction and reconvicted with 2 years more parole ineligibility

35

R. v. Krugel, 2000 CanLII 5660 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Man kills woman he’s living with when she asks him to leave

36

R. v. Latoski, 2005 CanLII 30697 (ON C.A.)

m

Second degree murder, 25 year parole ineligibility

2 counts, second count dismissed on appeal

37

R. v. Lauzon, 2000 CanLII 16913 (ON C.A.)

m

Second degree murder, 14 year parole ineligibility

Appeal dismissed

38

R. v. Lawes, 2006 CanLII 5443 (ON C.A.)

m

Second degree murder, 17 years parole ineligibility

Shot bank teller in robbery

39

R. v. Leduc, 1995 CanLII 1680 (ON C.A.)

m

Second degree murder, 18 years parole ineligibility

Killed stepdaughter, originally convicted of first degree murder with conviction overturned

40

R. v McInnis, 1999 CanLII 2671 (ON C.A.)

m

Second degree murder, 24 year parole ineligibility

Man kills woman on beach, described as a psychopath by judge

41

R. v. McCarroll, 2006 CanLII 8725 (ON S.C.)

m

Second degree murder, 13 years parole ineligibility

Beats man to death, senseless killing

42

R. v. McCormack, 1995 CanLII 1435 (ON C.A.)

m

Second degree murder, 14 year parole ineligibility

Man kills wife, sentence reduced to 12 years ineligibilty pn appeal

43

R. v. McCullough, 2000 CanLII 1983 (ON C.A.)

m

Second degree murder. 18 year parole ineligibility

Group of men sexually assaualted and killed another man

44

R. v. McKnight, 1999 CanLII 3717 (ON C.A.)

m

Second degree murder, 17 year parole ineligibility

Man kills wife, has medical and law degee and no prior convictions

45

R. v. McLeod, 2003 CanLII 4393 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Court increases sentence to 12 year parole ineligibility

46

R. v. McMaster, 1998 CanLII 4118 (ON C.A.)

m

Second degree murder, 12 years parole ineligibility

Stabbed girlfriend, appeal dismissed

47

R. v. Meiler, 1999 CanLII 3728 (ON C.A.)

m

Second degree murder, 12 years

Second degree nurder and 10 years for attempted murder concurrent

48

R. v. Morrissey, 2003 CanLII 41695 (ON S.C.)

m

Second degree murder, 11 years parole ineligibility

Man kills former girlfriend and shoots himself, an extra year added to parole ineligibility

49

R. v. Morton, 1993 CanLII 377 (ON C.A.)

m

Second degree murder, 18 year parole ineligibility

Sentence reduced to 12 year ineligibility on appeal

50

R. v. Oliver, 2005 CanLII 3582 (ON C.A.)

m

Second degree murder, 12 year parole ineligibility

Beat homeless person hassling his girlfriend

51

R. v. Olsen, 1999 CanLII 1541 (ON C.A.)

w

Second degree murder, 15 year parole ineligibility

Man and wife shake their baby to death

52

R. v. Olsen, 1999 CanLII 1541 (ON C.A.)

m

Second degree murder, 25 year parole ineligibility

Man and wife shake their baby to death

53

R. v. P.T., 2005 CanLII 31847 (ON C.A.)

m

Second degree murder, 16 year parole ineligibility

Man kills wife, sentence reduced on appeal to 13 years parole ineligibility

54

R. v. Paquette, 2001 CanLII 4834 (ON C.A.)

m

Second degree murder, 14 years parole ineligibility

Man shoots wife

55

R. v. Perlett, 2006 CanLII 29983 (ON C.A.)

m

Second degree murder, 18 years parole ineligibility

Man kills parents and is charged with first degree murder, judge directs second degree verdict, appeal dismissed

56

R. v. Persaud, 1999 CanLII 1115 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Revenge for an assault robbery, also one count attempted murder

57

R. v. Phillips, 1999 CanLII 2449 (ON C.A.)

m

Second degree murder, 18 year parole ineligibility

Killed police officer while escaping, sentence reduced to 15 years parole ineligibility on appeal

58

R. v. Pilgrim, 2001 CanLII 7205 (ON C.A.)

m

Second degree murder, 12 year parole ineligibility

Alleged contract killing  from a jailhouse informant

59

R. v. Pinkus, 2006 CanLII 3463 (ON C.A.)

m

Second degree murder, 20 year parole ineligibility

Man was on probation for manslaughter and had a record of crimes of violence

60

R. v. Rathwell, 1998 CanLII 4574 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Appeal dismissed

61

R. v. Reid, 2003 CanLII 14779 (ON C.A.)

m

Second degree murder, 16 year parole ineligibility

Killed man with hammer and by stabbing, sentence reduced to 12 years parole ineligibility on appeal

62

R. v. Richmond, 2007 CanLII 1927 (ON S.C.)

m

Second degree murder, 12 year parole ineligibility

  Stabbed mother, schizophrenic

63

R. v. Ross, 1997 CanLII 1321 (ON C.A.)

m

Second degree murder, 15 years parole ineligibility

Fires lawyer and tries to withdraw guilty plea

64

R. v. Sandhu, 2006 CanLII 8886 (ON S.C.)

 

m

Second degree murder, 10 years parole ineligibility

Beat victim with 2 x 4

65

R. v. Sarao, 1995 CanLII 260 (ON C.A.)

m

Second degree murder, 25 year parole ineligibility

Executed his wife in front of the family and tried to shoot himself, reduced to 22 years on appeal

66

R. v. Shapwaykeesic, 2002 CanLII 10501 (ON C.A.)

 

m

Second degree murder, 15 year parole ineligibility

Appeal dismissed

67

R. v. Sodhi, 2003 CanLII 52179 (ON C.A.)

m

Second degree murder, 14 year parole ineligibility

Man kills wife and dumps body and tries to commit suicide

68

R. v. Sparkes, 2005 CanLII 15707 (ON C.A.)

m

Second degree murder, 11 year parole ineligibility

Man stabs wife

69

R. v. Tallen, 1995 CanLII 466 (ON C.A.)

m

Second degree murder, 12 year parole ineligibility

Kills another inmate in a prison riot.

70

R. v. Trochym, 2004 CanLII 1262 (ON C.A.)

m

Second degree murder, 10 year parole ineligibility

Man kills girlfriend

71

R. v. Trotta (M.), 1999 CanLII 3015 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Man murders infant son

72

R. v. Trotta, 2004 CanLII 34722 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Husband and wife charged in babies death, woman gets 5 years for crimnial negligence causing death

73

R. v. Vu, 1995 CanLII 1684 (ON C.A.)

m

Second degree murder, 12 year parole ineligibility

Man kills girlfriend

74

R. v. Watson, 1996 CanLII 1529 (ON C.A.)

m

Second degree murder, 12 ˝ year parole ineligibility

Man assaults wifeand is released and kills her

75

R. v. Willis, 2007 ONCA 365 (CanLII

w

Second degree murder, 13 year parole ineligibility

Woman shoots husband

76

R. v. Winning, 2002 CanLII 5189 (ON C.A.)

m

Second degree murder, 15 year parole ineligibility

Sentence reduced to 12 years on appeal

77

R. v. Worth, 1995 CanLII 366 (ON C.A.)

m

Second degree murder, 23 year parole ineligibility

Man kills 12 year old girl and dismembers body

78

R. v. Yaeck, 1991 CanLII 2732 (ON C.A.)

m

Second degree murder, 20 year parole ineligibility

Stabs woman 47 times and claims self defense

79

R.. v. Poirier, 2005 CanLII 3583 (ON C.A.)

m

Second degree murder, 18 year parole ineligibility

Sentence reduced to 16 years parole ineligibility oon appeal

80

Regina v. Salt, 2007 ONCA 263 (CanLII)

m

Second degree murde, 15 years parole ineligibility

Overturned on appeal and 8 years plus time served for manslaughter substituted

1

Hamilton v. Hamilton, 1996 CanLII 599 (ON C.A.)

m

Attempted murder, 8 1/3 years

Man shoots wife when she wants a divorce, she owes him 94 K o0pn equalization but he is lump summed and ruled to owe her 167 K

2

R. v. Ahmed-Saidi, 2001 CanLII 24100 (ON C.A.)

m

Attempted murder, 8 ˝ years

Man shoots man who  owes him money, appeal dismissed

3

R. v. Boucher, 2004 CanLII 17719 (ON C.A.)

m

Attempted murder, 2 years not including equivalent of 28 months pretrial incarceration

Man plans to kill ex wife over divorce. No physical injuries, sentence increased to 3 years incarceration on crown appeal

4

R. v. Burke, 2001 CanLII 24043 (ON C.A.)

m

Attempted murder, 12 ˝ years

Shoots man connected with drug deal

5

R. v. Caeser, 1997 CanLII 812 (ON C.A.)

m

Attempted murder, 10 years

Joint submission ignored by trial judge, appeal dismissed

6

R. v. Campbell, 2003 CanLII 48403 (ON C.A.)

m

Attempted murder, 9 yearss

Man tries to kill wife, first criminal offense, appeal dismissed

7

R. v. Champagne, 2002 CanLII 22947 (ON C.A.)

m

Attempted murder, 13 Ľ years total

 Man tries to kill wife and child

8

R. v. Corpus, 2000 CanLII 1226 (ON C.A.)

m

Attempted murder, 11 years total inbcluding pretrial custody

Stabbed wife with screwdriver, suffered from delusions

9

R. v. Currie, 2002 CanLII 44973 (ON C.A.)

 

m

Attempted murder, 8 years not including 23 months pretrial

Shoots another man who previously shot him

10

R. v. Davy, 2000 CanLII 16859 (ON C.A.)

w

Attempted murder, 7 1/3 years

Stabs drunken man in possible robbery

11

R. v. Demedeiros, 1999 CanLII 934 (ON C.A.)

m

Attempted murder, 16 years, 18 years global sentence

2 extra consecutive years for use of firearm, 9 year parole inelugibility, the 2 extra years cut to 1 year on appeal

12

R. v. Duguay, 1998 CanLII 2804 (ON C.A.)

m

Attempted murder, 10 years not including 10 months pretrial served, 13 year global sentance

Use of firearm, attempted murder sentence upheld but global sentence reduced 1 year on appeal

13

R. v. Dunstan, 1999 CanLII 1564 (ON C.A.)

m

Attempted murder, 12 years

Also charged with other offences, appeal dismissed

14

R. v. Edwards, 1996 CanLII 1522 (ON C.A.)

m

Attempted murder, 9 years not including 10 ˝ months pretrial custody

2 men appealling attempted murder of spouses, appeal dismissed

15

R. v. Edwards, 1996 CanLII 1522 (ON C.A.)

m

Attempted murder, 10 years not including 12 months pretrial custody

2 men appealling attempted murder of spouses, appeal dismissed

16

R. v. Ferreira, 1997 CanLII 3974 (ON C.A.)

m

Attempted murder, 17 years

Man shoots innocent bystander in bank robbery, sentence reduced to 13 years on appeal

17

R. v. Forrest, 2000 CanLII 1478 (ON C.A.)

m

Attempted murder, 18 years total

 Includes 3 weapons related offences consecutive

18

R. v. Hardy, 2005 CanLII 47586 (ON C.A.)

m

Attempted murder, 13 years including credit for 4 years served pretrial

2 men in robbery home invasion

19

R. v. Hardy, 2005 CanLII 47586 (ON C.A.)

m

Attempted murder, 13 years including credit for 4 years served pretrial

2 men in robbery home invasion

20

R. v. Lieug, 1995 CanLII 1393 (ON C.A.)

m

Attempted murder, 10 years

Man tries to kill woman he claims he mattied in china, appeal dismissed

 

Mallot

w

Attempted murder, 4 years

Manslaughter conviction overturned on appeal

21

R. v. Marks, 1998 CanLII 7176 (ON C.A.)

m

Attempted murder, 13 years, 15 year global sentence

Cocaine traficking 2 years additional, consectutive sentence changed to concurrent on appeal

22

R. v. McArthur, 2004 CanLII 8759 (ON C.A.)

m

Attempted murder, 25 years

Bank robbery, 4 counts concurrent and other offences, 134 prior convictions

23

R. v. McLean, 2002 CanLII 11684 (ON C.A.)

m

Attempted murder, 20 years

Shot woman, confinement, use of firearm

24

R. v. Melanson, 2001 CanLII 24054 (ON C.A.)

m

Attempted murder, 2 years not including 31 monthe pretrial custody

Security guard attacks woman in parking garage, mentally ill and has sexual fantasies

25

R. v. Mesgun, 1997 CanLII 623 (ON C.A.)

m

Attempted murder, 25 years

Man attempts to kill fiancee when she tries to break off relationship, parole ineligibility of 10 years lowered to 7 years on appeal

26

R. v. Mills, 2006 CanLII 41563 (ON C.A.)

m

Attempted murder, 3 years

Man tries to kill another man using car, sentence changed to 6 years on crown appeal

27

R. v. Quance, 2000 CanLII 5741 (ON C.A.)

m

Attempted murder, 14 years not including 21 months pretrial detention

Man splashes gas on separated wife and boyfriend and sets them on fire

28

R. v. Sharpe, 2006 CanLII 37328 (ON C.A.)

m

Attempted murder, 10 years

Appeal dismissed

29

R. v. Spurway, 1996 CanLII 701 (ON C.A.)

m

Attempted murder, 15 years, 17 year global sentence

Man breaks into wifes home and puts a gun to her head, reduced to 11 years attempted murder and 13 years global on appeal

30

R. v. Thongdara, 2000 CanLII 1330 (ON C.A.)

m

Attempted murder, 15 years, 18 year global sentence

3 years consecutive added for extortion

31

R. v. Valle-Quintero, 2002 CanLII 45123 (ON C.A.)

m

Attempted murder, 10 1/3 years

Man attempts to kill girlfriend, ties her up and duct tapes plasic bag over her head, she requests minimum sentence and denies injury but judge rejects

32

R. v. Varga, 2001 CanLII 8610 (ON C.A.)

m

Attempted murder, 25 years

Kills one person, injures another, attempts to kill a third woman who was a witness, 12 years on manslaughter

1

Catholic Children's Aid Society of Metropolitan Toronto v. O.(L.M.), 1996 CanLII 7271 (ON S.C.)

m

Aggravated assault, 5 years

Man assaults son, and later man and  spouse charged with killing another child

2

Children's Aid Society of Hamilton-Wentworth v. S.(S.), 1999 CanLII 14028 (ON S.C.)

w

Aggravated assault, 2 years

Woman convicted of 2 counts of aggravated assault against her  daughter

3

R. v .Yip, 2000 CanLII 14991 (ON C.A.)

m

Aggravated assault, 12 years

Judge protects opublic from man with psychiatric disorder, appeal dismissed

4

R. v. A.N.C., 2006 CanLII 26163 (ON S.C.)

w

Aggravated assault, 2 years

Woman convicted of 2 counts of aggravated assault against her young daughter, 2 years concurrent on each count

5

R. v. Ahmed-Saidi, 2001 CanLII 24100 (ON C.A.)

m

Aggravated assault, 8 1/2 years

Senseless assault with a weapon, appeal dismissed

6

R. v. Alagendra, 2001 CanLII 24170 (ON C.A.)

 

m

Aggravated assault 2 years

Appeal dismissed

7

R. v. Basilio, 2003 CanLII 15531 (ON C.A.)

m

Aggravated assault, 2 years

Man stabs another in bar room fight

8

R. v. Borde, 2003 CanLII 4187 (ON C.A.)

m

Aggravated assault, 5 years 2 months

Reduced to 4 years 2 months on appeal

9

R. v. Coelho, 2001 CanLII 13346 (ON C.A.)

m

Aggravated assault, 20 months

Conviction for attempted murder overturned and 20 months for aggravated assault substituted

10

R. v. Cole, 2006 CanLII 22936 (ON S.C.)

m

Aggravated assault, 2 years, 11 months pretrial custody

Stabbed man in roberry, also 2 years concuuernt for robbery and 3 years consecutive for second robbery and weapon

11

R. v. Creighton, 1997 CanLII 841 (ON C.A.)

m

Aggravated assault, 1 year conditional

Changed to 1 year imprisonment on appeal

12

R. v. Creighton, 1997 CanLII 841 (ON C.A.)

m

Aggravated assault, 1 year conditional

Changed to 1 year imprisonment on appeal

13

R. v. Crooks, 2004 CanLII 32272 (ON S.C.)

m

Aggravated assault, 90 days intermittent

2 men in gang fight

14

R. v. Crooks, 2004 CanLII 32272 (ON S.C.)

m

Aggravated assault, 90 days intermittent

2 men in gang fight

15

R. v. D. F., 2002 CanLII 2674 (ON S.C.)

m

Aggravated assault, 8 years

Man assaults wife, a dozen varoius charges with global sentence of 16 years and parole requirement he serve half sentence

16

R. v. Drinkwalter, 1999 CanLII 2975 (ON C.A.)

 

m

Aggravated assault, 5 years

Man slits womans throat and says he was trying to stop her committing suicide

17

R. v. Echegoyen, 2001 CanLII 24045 (ON C.A.)

m

Aggravated assault, 6 months

Stabbed man in poolroom fight, reduced to 7 ˝ weeks served for good behaviour on appeal

128

R. v. Edwards, 1999 CanLII 2044 (ON C.A.)

m

Aggravated assault, 14 months

Man throws canmdle and holder at woman

19

R. v. Edwards, 2006 CanLII 13106 (ON S.C.)

m

Aggravated assault, 13 1/2 years

Sexual and aggravated assault on 71 year old woman

20

R. v. F. D. J. F., 2005 CanLII 18707 (ON C.A.)

m

Aggravated assault, 14 years 2 months not including 22 months pretria; custody

Assault against spouse, ineligibity reduced to 6 12/2 years from half sentence

21

R. v. Fice, 2003 CanLII 13008 (ON C.A.)

w

Aggravated assault, 14 months conditional, 16 months served pretrial

Woman in robbery, appeal dismissed

22

R. v. Ford, 1993 CanLII 1295 (ON C.A.)

m

Aggravated assault, 8 years global sentence

Postitution related charges including confinement, reduced to 5 years on appeal

23

R. v. Fraser, 2005 CanLII 47708 (ON S.C.)

m

Aggravated assault, 6 months not including 17 months pretrial

Man beats another man after having been badly burned

24

R. v. Giroux, 2004 CanLII 8239 (ON C.A.)

m

Aggravated assault, 5 years

Aggravated assault and sexual assault, 5 years concurrent sentences, reduced to 4 years on appeal

25

R. v. Guerreiro, 2003 CanLII 594 (ON S.C.)

m

Aggravated assault, 30 days

2 workers on construction site fight

26

R. v. Habib, 2000 CanLII 16824 (ON C.A.)

w

Aggravated assault, 2 years

Babysitter shakes baby, appeal dismissed

27

R. v. Hall, 2001 CanLII 8605 (ON C.A.)

m

Aggravated assault, 6 1/2 years

Sentence reduced to 5 years on appeal

28

R. v. J. B., 2004 CanLII 39056 (ON C.A.)

m

Aggravated assault, 10 years total

Man assaults stepchildren including sexual assault, sentence varied to global sentence of 16 years for 3 assaults

29

R. v. J.L., 2005 CanLII 23221 (ON C.A.)

m

Aggravated assault, 2 years conditional after equivalent of 18 months retrial custody

Changed to 9 months imprisonment in addition to conditional sentence on crown appeal

30

R. v. K.M., 2007 CanLII 13937 (ON S.C.)

w

Aggravated assault, 1 year

Woman shakes 31 day old son

31

R. v. K.S., 2004 CanLII 22986 (ON S.C.)

m

Aggravated assault, 108 months

2 aggravated assaults and other charges, sentenced as a long term offender with sentence to be reviewed in 7 years

32

R. v. Kakekagamick, 2006 CanLII 28549 (ON C.A.)

m

Aggravated assault, 5 years

Appeal dismissed

33

R. v. Kanthasamy, 2007 ONCA 90 (CanLII)

m

Aggravated assault, 7 1/2 years

2 men in fight with machete, appeal dismissed

34

R. v. Kanthasamy, 2007 ONCA 90 (CanLII)

m

Aggravated assault, 7 1/2 years

2 men in fight with machete, appeal dismissed

35

R. v. Keevil, 2003 CanLII 31498 (ON C.A.)

m

Aggravated assault, 7 years

Drove car in police chase

36

R. v. Kosik, 2005 CanLII 8668 (ON C.A.)

m

Aggravated assault, 13 years

Maximum sentence minus 1 year for guilty plea, Man beats pegnant wife

37

R. v. Lewis, [2000] O.J. No. 2245

m

Aggravated assault, 10 years

Assault during a robbery, appeal dismissed

38

R. v. Mai, 2001 CanLII 16947 (ON C.A.)

m

Aggravated assault, 8 years

Use of firearm gets 2 extra years consecutive, sentenced as maiming, asppeal dismissed

39

R. v. Mai, 2001 CanLII 16947 (ON C.A.)

m

Aggravated assault, 10 years total

Sentenced as aggravated assault, appeal dismissed

40

R. v. McIntosh, 1997 CanLII 3862 (ON C.A.)

m

Arravated assault, 7 years

2 men in robbery commit  assault, appeal dismissed

41

R. v. McIntosh, 1997 CanLII 3862 (ON C.A.)

m

Arravated assault, 7 years

2 men in robbery commit  assault, appeal dismissed

42

R. v. Melanson, 2001 CanLII 24054 (ON C.A.)

m

Aggravated assault, 2 years not including 31 months pretrial custody

Man chargred with attempted murder convicted of aggravated assault

43

R. v. Miller, 2002 CanLII 45072 (ON C.A.)

m

Aggravated assault, 8 years

Man shoots police officer, sentence increased to 10 years on appeal

44

R. v. Monchka, 2000 CanLII 4070 (ON C.A.)

m

Aggravated assault, 1 year

Changed to 3 months served in jail and 9 months conditional

45

R. v. Munro, 2003 CanLII 4958 (ON C.A.)

m

Aggravated assault, 8 years not including 11 months pretrial custody

Man slashes couple he is visiting with an exacto knife when asked to leave

46

R. v. Naglik, 1991 CanLII 2702 (ON C.A.)

m

Aggravated assault, 4 ˝ years

Man and woman charged in death of child

47

R. v. Naglik, 1991 CanLII 2702 (ON C.A.)

w

Aggravated assault, 4 ˝ years

Man and woman charged in death of child

48

R. v. Nichol, 1995 CanLII 426 (ON C.A.)

m

Aggravated assault, 5 years

Man srays separated wifes lover with acid

49

R. v. O'Quinn, 2002 CanLII 44942 (ON C.A.)

m

Aggravated assault, 2 years

Sentence reduced to 15 months on appeal

50

R. v. Osborne, 1996 CanLII 980 (ON C.A.)

m

Aggravated assault, 8 years

Man babysittering spouses child emerses her in scalding water

51

R. v. Osbourne, 1996 CanLII 1280 (ON C.A.)

m

Aggravated assault, 8 years not including 22 months pretrial custody

Drug bust, global sentence of 12 years, reduced to global sentence of 11 years on appeal

52

R. v. P.S., 2007 ONCA 299 (CanLII)

m

Aggravated assault, 4 ˝ years

Assault and sexual assault of long term girlfriend after break up

53

R. v. Pitkeathly, 1994 CanLII 222 (ON C.A.)

m

Aggravated assault 8 years

Man blames spouse for his driving accident and beats her up

54

R. v. Purcell, 2007 ONCA 101 (CanLII)

m

Aggravated assault, 27 months total

Man blinds friend with a pellet gun

55

R. v. R.L., 2004 CanLII 10630 (ON S.C.)

m

Aggravated assault, 6 months, not including the equivalent of 4 ˝ years pretrial

Man stabs girlfriend

56

R. v. Rahman, 2003 CanLII 14028 (ON C.A.)

m

Aggravated assault, 8 years not including 11 months pretrial custody

Man shoots a woman he met at a party and had sex with

57

R. v. Roberts, 2007 ONCA 64 (CanLII)

m

Aggravated assault, 2 years not including 37 months prettial custody

Sentence varied to 5 ˝ years covered by time served on appeal

58

R. v. Sackanay, 2000 CanLII 1840 (ON C.A.)

m

Aggravated assault, 3 1/2 years

Man assaults male prostitute

59

R. v. Savoury, 2005 CanLII 25884 (ON C.A.)

m

Aggravate assault 6 ˝ years

Assault in robbery, appeal dismissed

60

R. v. Schwarz, 2000 CanLII 16918 (ON C.A.)

m

Aggravated assault, 1 year not uncluding 9 months pretrial

Man assaults separated wife and children, sentence increased to

61

R. v. Scott, 2002 CanLII 41668 (ON A.)

m

Aggravated assault, 4 years

Appeal dismissed

62

R. v. Shaffer, 2006 CanLII 15892 (ON C.A.)

m

Aggravated assault, 6 years

6 years for assault and 2 years consecutive for use of firearm,  appeal dismissed

63

R. v. Smardon, [1999] O.J. No. 4417

m

Aggravated assault, 10 years

Planned and  deliberate assault causing brain damage, sentence reduced to 8 years 6 months on appeal

64

R. v. Smith, 2000 CanLII 16829 (ON C.A.)

m

Aggravated assault, 6 years

Appeal dismissed

65

R. v. Stewart, 2002 CanLII 45039 (ON C.A.)

m

Aggravated assault, 9 years 9 months equivalent

Robbery, confinement, extortion charges included in global sentence, appeal dismissed

66

R. v. T. (R.), 1992 CanLII 2834 (ON C.A.)

m

Aggravated assault, 12 years total

Leader of a commune charged with 5 assaults against a woman including amputating her arm, sentence reduced to 10 years on appeal

67

R. v. Taylor, 2006 CanLII 26571 (ON C.A.)

m

Aggravated assault, 2 years, not including equivalent of 5 years pretrial custody

Robbery wioth a firearm global sentence, appeal dismissed

68

R. v. Tran, 2002 CanLII 44968 (ON C.A.)

m

Aggravated assault, 1 year

3 men beat restaurant owner

69

R. v. Tusek, 1999 CanLII 2075 (ON C.A.)

 

m

Aggravated assault, 2 year, not including 1 year pretrial custody

4 men stab 2 others in bar fight

70

R. v. Tusek, 1999 CanLII 2075 (ON C.A.)

 

m

Aggravated assault, 10 months not including 1 year pretrial custody

4 men stab 2 others in bar fight

71

R. v. Tusek, 1999 CanLII 2075 (ON C.A.)

 

m

Aggravated assault, 1 year, not including 1 year pretrial custody

4 men stab 2 others in bar fight

72

R. v. Tusek, 1999 CanLII 2075 (ON C.A.)

 

m

Aggravated assault, 1 year pretrial custody

4 men stab 2 others in bar fight

73

R. v. Vang, 1999 CanLII 2310 (ON C.A.)

m

Aggravated assault, 10 months

2 men in stabbing

74

R. v. Vang, 1999 CanLII 2310 (ON C.A.)

m

Aggravated assault, 10 months

2 men in stabbing

75

R. v. Vickerson, 2005 CanLII 23678 (ON C.A.)

m

Aggravated assault, 6 years

Appeal dismissed

76

R. v. Walkem, 2007 CanLII 742 (ON S.C.)

m

Aggravated assault, 56 months

Man infects 2 women with HIV virus

77

R. v. Young, 2007 CanLII 1899 (ON S.C.)

m

Aggravated assault, 2 years

10 year sentences for  robbery and use of a weapon, assault was a lesser charge

77

R. v. Zebedee, 2006 CanLII 22099 (ON C.A.)

m

Aggravated assault, 24 years

5 men involvee in drug deal, multiple assaults kidnapping, weapons violations, global sentence

78

R. v. Zebedee, 2006 CanLII 22099 (ON C.A.)

m

Aggravated assault, 15 years

5 men involved in drug deal, multiple assaults kidnapping, weapons violations, global sentence

79

R. v. Zebedee, 2006 CanLII 22099 (ON C.A.)

m

Aggravated assault, 12 years

5 men involved in drug deal, sentence changed to 10 years on appeal

80

R. v. Zebedee, 2006 CanLII 22099 (ON C.A.)

m

Aggravated assault, 12 years

5 men involved in drug deal, sentence changed to 10 years on appeal

81

R. v. Zebedee, 2006 CanLII 22099 (ON C.A.)

m

Aggravated assault, 4 years

5 men involved in drug deal, sentenced to time served

82

R. v. Zhang, 2000 CanLII 3485 (ON C.A.)

m

Aggravated assault, 12 years

Attacks wife and lover with meat cleaver, sentence reduced to 89 years on appeal

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Man Superior Court Murder Sentences

 

 

 

 

 

 

sex

      sentence

 

                   description

 

1

R. v. Brown, 2003 MBCA 35 (CanLII)

m

First degree murder

Appeal dismissed

2

R. v. Fosty, 2002 MBQB 269 (CanLII)

m

First degree murder

Man and woman kill the man the woman lives with

3

R. v. Fosty, 2002 MBQB 269 (CanLII)

w

First degree murder

Man and woman kill the man the woman lives with

4

R. v. Kent, 2001 MBQB 350 (CanLII)

m

First degree murder

Killed a prison guard

5

R. v. Muchikekwanape, 2002 MBCA 78 (CanLII)

m

First degree murder

Sexual assault, appeal dismissed

6

R. v. Younger, 2004 MBCA 113 (CanLII)

m

First degree murder

Man kills 2 year old infant and assaults wife

7

R. v. Starr (R.D.), 2002 MBCA 97 (CanLII)

m

First degree murder

2 counts of first degree murder, appeal dismissed

1

R. v. Antoine et al. (1995), 102 Man.R. (2d) 302

m

Manslaughter 7 years

Appeal dismissed

2

R. v. Bell (1993), 85 Man.R. (2d) 139

m

Manslaughter, 12 years not including 11 months pretrial

 

3

R. v. Beltran, 2006 MBQB 45 (CanLII)

m

Manslaughter, sentence reduced to 4 years 10 months, time served

Self defense aspect in gang fight

4

R. v. Braun (1994), 97 Man.R. (2d) 172

m

Manslaughter, 9 years not including 9 monthgs pretrial

Appeal dismissed

5

R. v. Campbell (1991), 70 Man.R. (2d) 158

m

Manslaughter, 11 ˝ years

10 years not including 9 months pretrial custody

6

R. v. Clemons, 2003 MBCA 51 (CanLII)

m

Manslaughter, 2 years

Crown appeal dismissed

7

R. v. Couperthwaite (K.), 2007 MBCA 67 (CanLII)

m

Manslaughter, 4 years

Crown appeal dismissed

8

R. v. Csincsa (1993), 85 Man.R. (2d) 241

m

Manslaughter, 8 years plus 2 ˝ years pretrial

 

9

R. v. Davis, 2000 CanLII 6867 (MB C.A.)

m

Manslaughter, 4 years plus time served equivalent to 2 years

Man shoots neighbor, provoked

10

R. v. Flett, 2005 MBCA 61 (CanLII

w

Manslaughter, 5.5 years

Appeal dismissed

11

R. v. Flett, 2005 MBCA 61 (CanLII

w

Manslaughter, 6 years

Sentenced reduced to 5.5 years on appeal

12

R. v. Geddes, 2005 MBCA 122 (CanLII)

m

Manslaughter, 1 year and 15 months pretrial

Reduced to time served on appeal

13

R. v. Hagen, 2003 MBCA 107 (CanLII)

w

Manslaughter, 18 month conditional sentence, 3 years probation

Killed stepfather, sentence changed to 30 months in jail on crown appeal

14

R. v. Jack, 1996 CanLII 1889 (MB C.A.)

m

Manslaughter, 4 years, not including 14 months before trial

4 years increased to 6 years on crown appeal

15

R. v. Marsden, 2004 MBCA 121(CanLII

m

Manslaughter, 14 years

Robbed taxi driver, sentence reduced to 10 years on appeal

16

R. v. McKay, 2004 MBCA 93 (CanLII)

w

Manslaughter, 3 years

Second degree murder conviction overturned, released with time served

17

R. v. Pimentel, 2000 MBCA 35 (CanLII)

m

Manslaughter, 2 ˝ years

2 ˝ year old daughter dies in fathers care, appeal dismissed

18

R. v. Skinner (1993), 92 Man. R. (2d) 1(C.A.)

m

Manslaughter, 25 years

Man kills mother, sentence reduced to 20 years on appeal

19

R. v. Wilson (1991), 75 Man.R. (2d) 60

m

Manslaughter, 6 years plus one year pretrial

 

1

R. v. Coutu et al., 2006 MBQB 180 (CanLII)

m

Second degree, 17 years parole ineligibility

Break in robbery murder, he shot man ewho died, previous record with assault and weapons

2

R. v. Guiboche, 1999 CanLII 4048 (MB C.A.)

m

Second degree murder, 14 years parole ineligibility.

Appeal dismissed

3

R. v. Guiboche, 2004 MBCA 16 (CanLII)

m

Second degree murder, 10 year parole ineligibility

Man kills wife and assaults daughter, appeal dismissed

4

R. v. Handsor (C.), 2007 MBCA 10 (CanLII)

m

Second degree murder, 15 years parole ineligibility

Appeal dismissed

5

R. v. Handsor (C.), 2007 MBCA 10 (CanLII)

m

Second degree murder, 15 years parole ineligibility

Sentence reduced to 12 years ineligibility

6

R. v. Ilina, 2001 MBCA 201 (CanLII)

w

Second degree murder, 10 year ineligibility

Released awaiting appeal

7

R. v. Jorgensen, 2001 MBCA 117 (CanLII)

m

Second degree murder, 15 year parole ineligibility

Man kills friends girlfriend and stuffs body in freezer, Appeal dismissed

8

R. v. Kulba, 1986 CanLII 105 (MB C.A.)

m

Second degree murder, 10 year parole ineligibility

Man shot in bar, parole ineligibility increased to 15 years on appeal.

9

R. v. Laroche, 2000 CanLII 6567 (MB C.A.)

m

Second degree murder, 12 year parole ineligibility

Sentence reduced to 10 year ineligibility on appeal

10

R. v. Ly, 1992 CanLII 2766 (MB C.A.)

m

Second degree murder, 15 year parole ineligibility

Robbery of edmployer, appeal dismissed

11

R. v. Ly, 1992 CanLII 2766 (MB C.A.)

m

Second degree murder, 20 year parole ineligibility

Robbery of edmployer, appeal dismissed

12

R. v. Oigg, 2006 MBQB 68 (CanLII)

m

Second degree, 14 years parole ineligibility

Man is drunk beats wife to death, previous assault record

13

R. v. Ross, 1999 CanLII 4719 (MB C.A.)

m

Second degree murder, 15 year parole ineligibility

 

14

R. v. Thomas, 2005 MBQB 120 (CanLII)

m

Second degree, 20 years parole ineligibility

Previous lenghty criminal record, gangs, drugs, weapons, no remorse

15

R. v. Tokarchuk, 2006 MBCA 46 (CanLII

m

Second degree murder, 12 year parole ineligibility

Appeal dismissed

1

R. v. Coutu et al., 2006 MBQB 180 (CanLII)

 

m

Attempted murder, 9 years

3 men in robbery and shooting

2

R. v. Coutu et al., 2006 MBQB 180 (CanLII)

 

m

Attempted murder, 8 years

3 men in robbery and shooting

 

R. v. Neshinapaise, 2005 MBQB 129

 

Attempted murder, 5 years

Attacks 2 men in a robbery and slashes one with broken bottle

3

R. v. Roulette et al., 2005 MBCA 149 (CanLII)

m

Attempted murder, 6 years

2 men shoot another man, injuries aren’t life threatening

4

R. v. Roulette et al., 2005 MBCA 149 (CanLII)

m

Attempted murder, 4 years

2 men shoot another man, injuries aren’t life threatening

5

R. v. Young, 2004 MBCA 69 (CanLII)

m

Attempted murder, equivalent to  9 yer sentence

Man kills ex wife

1

Henderson v. Nataluk, 2001 MBQB 19 (CanLII)

m

Aggravated assault 9 months

Man assaults prostitute and she is awarded 13 K in civil suit, punishment may not of been sufficient

2

R. v. Besaw, 2004 MBCA 196 (CanLII)

m

Aggravated assault 4 years

Man in fight bears another, sentence reduced to 2 years conditional on appeal

3

R. v. Bird, 2006 MBQB 1 (CanLII)

m

Aggravated assault 12 years

Assault with a weapon, prevoious record of assault

4

R. v. Campbell, 2004 MBQB 122 (CanLII)

m

Aggravated assault, 15 months

Aboriginal offender slashes woman with broken bottle

5

R. v. E.T.P., 2001 MBCA 194 (CanLII)

m

Aggravated assault 2 years

Aggravated assault and 4 counts of assault with a weapon, 2 years each count consecutive, changed to 6 years concurrent on each count

6

R. v. Goodvoice, 1998 CanLII 5712 (MB C.A.)

m

Aggravated assault 3 years

Reduced to 30 months on appeal

7

R. v. Hamilton, 2001 MBCA 120 (CanLII)

m

Aggravated assault, 30 months

Reduced to 2 years on appeal

8

R. v. Herzog, 2004 MBCA 193 (CanLII)

m

Aggravated assault 2 years

Man beats drug dealer who threatened him over debt, sentence changed to conditional on appeal

9

R. v. Hill, 2000 CanLII 11394 (MB C.A.)

m

Aggravated assault 11 years

Man cuts off former girlfriends new boyfriends penis and fushes it down the toilet, reduced to 8 years on appeal

10

R. v. Hogg, 2004 MBQB 16 (CanLII)

m

Aggravated assault, 2 years conditional sentence

Man attacks another with steel bar while drunk

11

R. v. Lamirande (D.), 2006 MBCA 71 (CanLII)

m

Aggravated assault 2 ˝ years

HIV positive man has unprotected sex with a woman, sentence changed to 2 years conditional on appeal.

12

R. v. Ledoux, 2001 MBCA 72 (CanLII)

m

Aggravated assault 2 year conditional sentence

Changed to 2 years in jail on crown appeal

13

R. v. N.H.N., 2005 MBQB 129 (CanLII)

m

Aggravated assault, 5 years

2 aboriginals attack a couple to steal a case of beer and slash them with a broken bottle.

14

R. v. Noel, 2001 MBCA 163 (CanLII)

m

Aggravated assault 5 years

Appeal dismissed

15

R. v. Yewish, 2001 MBCA 129 (CanLII)

m

Aggravated assault 30 months

 

 

 

 

 

 

 

Sask Superior Court Murder Sentences

 

 

 

 

 

sex

      sentence

 

                   description

 

1

R. v. Hein, 2004 SKCA 120 (CanLII)

m

First degree murder

Home invasion, man and wife killed, 25 year ineligibilty overturned to 15

2

R. v. Aubee, 2006 SKCA 107 (CanLII)

m

First degree murde

Appeal denied

3

R. v. Bellegarde, 2003 SKCA 95 (CanLII)

m

First degree murder

Conviction upheld

4

R. v. Bellegarde, 2003 SKCA 95 (CanLII)

m

First degree murder

Conviction for first degree overturned and second degree parole ineligibility substituted

5

R. v. Gordon, 1994 CanLII 4629 (SK C.A.)

m

First degree murder

Farm robbery, appeal dismissed

6

R. v. MacKay, 2004 SKCA 24 (CanLII)

m

First degree murder

Assaults and kills woman he met at bar, appeal dismissed

7

R. v. Peepeetch, 2002 SKCA 110 (CanLII)

m

First degree murder

Man kills spouse and her lover with a butcher knife

8

Young v. Canada (Correction Service, Deputy Commissioner), 1994 CanLII 5224 (SK Q.B.)

m

First degree murder

Also secoind degree murder and attempted murder

1

R. v. Baptiste, 1998 CanLII 12353 (SK C.A.)

m

Manslaughter, 8 years

2 counts of manslaughter, 5 years on first, 8 years on second concurrent

2

R. v. Bear, 1997 CanLII 9769 (SK C.A.)

m

Manslaughter, 14 years

6 more years for sexual assault of elderly woman, appeal denied

3

R. v. J. (L.R.), 2001 SKCA 95 (CanLII)

w

Manslaughter, 6 years

Gets custodty back after release, son in armed robbery

4

R. v. Key, 2000 SKCA 127 (CanLII)

m

Manslaughter, 4 years

Men beat drug dealer, sentence changed to 7 years on appeal

5

R. v. Kummerfield, 1997 CanLII 11511 (SK Q.B.)

m

Manslaughter, 10 years considering time served

2 men beat woman and leave her to die, appeal dismissed

6

R. v. Kummerfield, 1997 CanLII 11511 (SK Q.B.)

m

Manslaughter, 10 years considering time served

2 men beat woman and leave her to die, appeal dismissed

7

R. v. Lavallee, 2002 SKQB 385 (CanLII)

m

Manslaughter, 13 years

Robbery, man killed then taxi driver stabbed, originally convicted of murder, new trial and pleads to manslaughter

8

R. v. Lavallee, 2002 SKQB 385 (CanLII)

m

Manslaughter, 14 years

Robbery, man killed then taxi driver stabbed

9

R. v. Littlewolfe, 2002 SKCA 143 (CanLII)

m

Manslaughter, 10 years

Appeal dismissed

10

R. v. Littlewolfe, 2002 SKCA 143 (CanLII)

m

Manslaughter, 10 years

Sentence reduced to 8 years on appeal.

11

R.v. Neuls (1991), 93 Sask. R. 89 (Sask. C.A.).

m

Manslauhgter, 15 years

Man kills common law spouses child, sentence reduced to 10 years on appeal

12

R. v. S. M., 2004 SKQB 358 (CanLII)

w

Manslaughter, 3 ˝ years

Abused aboriginal woman with substance abuse problem stabs common law spouse

13

R. v. Schoenthal, 2006 SKQB 177 (CanLII)

w

Manslaughter 2 ˝ years

Shakes child, sentenced as criminal negligence

14

R. v. Severight [1988] S.J. No. 350 (QL) (Sask. C.A.),

m

Manslaughter 12 years

Stabs brother, previous manslaughter conviction

15

R. v. Sinclair [1998] 2 W.W.R. 228 (Man. C.A.)

 

w

Manslaughter  6 3/4 years

Woman kills common law husbands child, sentence reduced to 6 3/4 years on appeal

16

R. v. Walker, 2007 SKCA 48 (CanLII)

 

m

Manslaughter, 5 ˝ years

Man shoots girlfriend while drunk, claims it was a mistake, ctown appeal dismissed

17

R. v. White, 2002 SKQB 104 (CanLII)

m

Manslaughter, 9 years

Man shoots wife of 50 years marriage

18

R. v. Zimmer, 1990 CanLII 2651 (SK C.A.)

m

Manslaughter, 15 years

Man kills common law spouse, sentence reduced to 10 years on appeal

1

R. v. Baptiste, 1998 CanLII 12353 (SK C.A.)

m

Second degree murder 18 year parole ineligibility

Two counts, same sentence on both concurrent

2

R. v. Big Eagle, 1994 CanLII 5022 (SK Q.B.)

m

Second degree, 25 years parole ineligibility

Dangerous and evil person, arson, robbery

3

R. v. Daniels, 1998 CanLII 13833 (SK Q.B.)

m

Second degree, 17 years parole ineligibility

Beat woman to death, long criminal record

4

R. v. Gordon, 1995 CanLII 3947 (SK C.A.)

m

Second degree murder 15 year parole ineligibility

Appeal dismissed

5

R. v. Gordon, 1995 CanLII 3947 (SK C.A.)

m

Second degree murder, 19 ˝ year parole ineligibility

Appeal dismissed

6

R. v. Gurtler, 1998 CanLII 12329 (SK C.A.)

m

Second degree murder, 16 year parole ineligibility

Man kills wife, claims she committed suicide, appeal dismissed

 

R. v. Hein, 2004 SKCA 120 (CanLII)

m

Second degree murder, 25 year parole ineligibilty

2 men in home invasion, man and wife killed, 25 year ineligibilty overturned to 15

7

R. v. Hein, 2004 SKCA 120 (CanLII)

m

Second degree murder, 25 year parole ineligibilty

2 men in home invasion, man and wife killed, 25 year ineligibilty overturned to 15

8

R. v. Merasty, 1999 CanLII 12347 (SK C.A.)

m

Second degree murder, 10 year parole ineligibility

Fight at party

9

R. v. Nielson, 1994 CanLII 4650 (SK C.A.)

m

Second degree murder, 10 year parole ineligibility

Appeal dismissed

10

R. v. Oxby, 2000 SKCA 129 (CanLII)

m

Second degree murder, 20 year parole ineligibility

Killed child breaking uinto house and stabbed a second person later

11

R. v. Prokop, 1994 CanLII 4660 (SK C.A.)

m

Second degree murder, 17 year parole ineligibility

Appeal against conviction dismissed, pasrole ineligibility reduced to 13 years

12

R. v. R.J.T., 1995 CanLII 4051 (SK C.A.)

m

Second degree murder, 10 year parole ineligibility

House breaki in, ineligibility reduced to 7 years because both were minors

13

R. v. R.J.T., 1995 CanLII 4051 (SK C.A.)

m

Second degree murder, 10 year parole ineligibility

House breaki in, ineligibility reduced to 7 years because both were minors

14

R. v. Thatcher, 1999 SKQB 231 (CanLII)

m

Second degree, 25 years parole ineligibility

 

15

R. v. Tourangeau, 1994 CanLII 4684 (SK C.A.)

m

Second degree murder, 15 year parole ineligibility

Break in robbery, appeal dismissed

16

R. v. Walchuk, 2000 SKCA 80 (CanLII)

m

Second degree murder. 16 year parole ineligibility

Man kills wife

17

R. v. Walker, 2007 SKCA 36 (CanLII)

m

Second degree murder, 10 year parole ineligibility

Appeal dismissed

18

T.J.J.A. v. W.J.D., 2006 SKQB 309 (CanLII)

m

Second degree murder, 14 years parole ineligibility

Man kills wife, 2 children allowed limited access for jail visits and telephone

1

R. v. Watetch, 2006 SKQB 503 (CanLII)

m

Attempted murder 8 years

Man stabs woman, long criminal history, subsequently sentenced to indefinite term as a dangerous offender

2

Steiner v. McKnight, 2001 SKQB 12 (CanLII)

w

Attempted murder, 21 months

Separated woman tries to kill new spouse

3

R. v. Bear, 1997 CanLII 9769 (SK C.A.)

m

Attempted murder, 14 years

Man rapes 80 year old woman and leaves her for dead, 20 years total including 6 years sexual assault consectutive

1

R. v. Bighead, 2003 SKCA 44 (CanLII)

m

Aggravated assault, 7 years

Man shakes baby resulting in permanent injury, sentence rduced to 5 years 10 months on appeal

2

R. v. Cote, 2005 SKQB 508 (CanLII)

m

Aggravated assault, 2 years

Aboriginal man in fight uses broken bottle

3

R. v. D.G.P., 1997 CanLII 9795 (SK C.A.)

m

Aggravated assault, 21 months, half sentence to be conditional

Vigilante revenge on man who assaulted son, changed to no conditional time on crown appeal

4

R. v. Dufault, 1995 CanLII 3915 (SK C.A.)

m

Aggravated assault, 1 years

Man shoots neighbor, sentence increased to 2 years on crown appeal

5

R. v. Durocher, 2002 SKCA 17 (CanLII),

m

Aggravated assault, 6 years, 3 years credit for time served

Sentence increased to 8 years total on crown appeal

6

R. v. Ewen, 2000 SKCA 36 (CanLII)

m

Aggravated assault, 2 1/2 years conditional

Baby in mans care injured with skull fractures

7

R. v. Gosselin, 1997 CanLII 9772 (SK C.A.)

m

Aggravated assault, 9 months

Man stabs other man while drunk, victim not seriously injured, sentence increased to 15 months on crown appeal

8

R. v. Herman, 2003 SKCA 31 (CanLII)

m

Aggravated assault, 5  years

Variety of charges with global sentence of 7 years

9

R. v. Huffman, 1996 CanLII 7054 (SK Q.B.)

m

Aggravated assault, 18 months

2 men attack couple and beer bottle is smashed in mans face

10

R. v. I.N.H., 2004 SKQB 402 (CanLII)

m

Aggravated assault, 10 years

Man stasbs and rapes and confines woman

11

R. v. K.R.S., 2004 SKCA 127 (CanLII),

m

Aggravated assault, 8 years, 3 years credit for time served

Man assaults man accused of sexually assaulting his sister

12

R. v. Keshane, 2005 SKCA 18 (CanLII)

m

Aggravated assault, 2  years

Beat troublemaker at party with a bat, sentence increased to 4 years on crown appeal

13

R. v. Kinney, 1997 CanLII 9702 (SK C.A.)

m

Aggravated assault, 2 1/2 years conditional

Assault on man to stop him being a witness, sentence changed to 4 years on appeal

14

R. v. M.A.G., 2006 SKQB 313 (CanLII)

 

m

Aggravated assault, 5 years, not uncluding 20 months served

On parole for previous aggravated assault, dangerous offerder designation rejected

15

R. v. Morash, 2006 SKCA 59 (CanLII)

m

Aggravated assault, 3 years 4 months

Hit man with with bottle and also a second assault

16

R. v. Morin, 1995 CanLII 3999 (SK C.A.)

 

m

Aggravated assault, 3 years not including 7 ˝ months pretrial custody

Man assaults brother

17

R. v. N. (M.E.), 1994 CanLII 5063 (SK Q.B.)

w

Aggravated assault, 4 years

Woman tries to kill 4 year old daughter, throws her against the wall, chokes her, tries to make her swallow pills, changed to 30 months on appeal

18

R. v. Naistus, 2004 SKCA 142 (CanLII)

m

Aggravated assault, 3 years 4 months

Sentence changed to 2 years on appeal

19

R. v. Pelly, 2006 SKCA 60 (CanLII)

m

Aggravated assault and robbery, 14  years

Man does a series oif home invasions while on probation

20

R. v. Roberts, 2003 SKCA 10 (CanLII)

m

Aggravated assault, 2 years conditional

Violates order and 2 years to be served in jail instead of conditional

21

R. v. S. (C.G.), 2005 SKCA 65 (CanLII)

 

m

Aggravated assault, 1 year conditional

Man finds wife sleeping with another man and beats him, sentence changed to 1 year imprisonment on crown appeal

 

 

 

 

 

 

 

Alb Superior Court Murder Sentences

 

 

 

 

 

sex

      sentence

 

                   description

 

1

R. v. Andres, 2003 ABCA 333 (CanLII)

m

First degree murder

DNA evidence, appeal dismissed

2

R. v. Boussaada, 2004 ABQB 401 (CanLII)

m

First degree murder

Man kills wife, seeks early release

3

R. v. Cardinal, 1998 ABCA 50 (CanLII)

m

First degree murder

3 men beat to death woman, 2 convicred of first degree murder, one convicted of second degree

4

R. v. Cardinal, 1998 ABCA 50 (CanLII)

m

First degree murder

3 men beat to death woman, 2 convicred of first degree murder, one convicted of second degree

5

R. v. Enright, 2007 ABQB 323 (CanLII)

m

First degree murder

Man shoots other man he had preciously been convicted of stabbing and robbing

6

R. v. Gallup, 2002 ABQB 638 (CanLII)

m

First degree murder

Pedophile kills 5 year old

7

R. v. Gingras, 1992 CanLII 2826 (AB C.A.)

m

First degree murder

Appeal dismissed

8

R. v. Goodstoney, 2005 ABQB 443 (CanLII

w

First degree murder

3 women charged in beating and and stabbing death of another woman, one is convicted of first degree murder and 2 of second degree

9

R. v. Johnson, 2005 ABQB 221 (CanLII)

w

First degree murder

Woman kills male nieghbor, applies for early release

10

R. v. Morehouse, 2004 ABQB 97 (CanLII)

m

First degree murder

Man kills estranged wife

11

R. v. Ng, 2006 ABCA 230 (CanLII)

m

First degree murder

2 counts, killed neighbors

12

R. v. S.R.B., 2007 ABQB 289 (CanLII)

m

First degree murder

5 charged in sexual assault and kidnapping, 2 men guilty of first degree murder, one acquitted, a woman found guilty of manslaughter

13

R. v. S.R.B., 2007 ABQB 289 (CanLII)

m

First degree murder

5 charged in sexual assault and kidnapping, 2 men guilty of first degree murder, one acquitted, a woman found guilty of manslaughter

14

R. v. Schell, 2004 ABCA 143 (CanLII)

m

First degree murder

Drug business execution

15

R. v. Wytyshyn, 2002 ABCA 229 (CanLII)

m

First degree murder

Killed landlady

1

R. v. Anderwald, 2005 ABQB 888 (CanLII)

w

Manslaughter, 90 days

Woman kills baby, sentenced as infanticide

2

R. v. Chalifoux, 2004 ABQB 21 (CanLII)

m

Manslaughter 9 years

Man kills woman when intoxicated

3

R. v. Colville, 2005 ABCA 319 (CanLII)

m

Manslaughter 6 years

Man trys to perform citizens arrest with gun, sentence reduced to 4 years on appeal

4

R. v. Coombs, 2003 ABQB 818 (CanLII)

w

Manslaughter 4 years

Sentenced for infanticide for killing 10 week old baby

5

R. v. Crowchief, 2005 ABCA 92 (CanLII)

w

Manslaughter 3 years

Woman kills husband and pleads to manslaughter

6

R. v. Ellahib, 2006 ABQB 277 (CanLII)

m

Manslaughter 15 years

3 men involved in firebombing

7

R. v. Ellahib, 2006 ABQB 277 (CanLII)

m

Manslaughter 16 years

3 men involved in firebombing

8

R. v. Ellahib, 2006 ABQB 277 (CanLII)

m

Manslaughter 20 years total

3 men involved in firebombing accused ordered the other 2 to act

9

R. v. Ferguson, 2004 ABQB 928 (CanLII)

m

Manslaughter 2 years

On dfuty policeman shoots accused twice taking him to cell

10

R. v. Fujii, 2002 ABQB 805 (CanLII)

w

Manslaughter 8 years

Kills her 2 young babies, infanticide sentence

11

R. v. Guitar, 2001 ABCA 58 (CanLII)

m

Manslaughter 14 years including 3 years served

2 men in bar fight, sentence reduced to 10 years on appeal

12

R. v. Guitar, 2001 ABCA 58 (CanLII)

m

Manslaughter 14 years including 3 years served

2 men in bar fight, sentence reduced to 10 years on appeal

13

R. v. Hanley, 1999 ABCA 27 (CanLII)

m

Manslaughter 10 years

Robbery killing, appeal dismissed

14

R. v. Lam, 2004 ABQB 78 (CanLII)

w

Manslaughter, 2 year conditional sentence

Baby dies with head injuries while she is babysitting, sentenced as criminal negligence causing death

15

R. v. McLeod, 2006 ABQB 217 (CanLII)

m

Manslaughter 11 years

2 men kill another in drug related business

16

R. v. McLeod, 2006 ABQB 217 (CanLII)

m

Manslaughter 11 years

2 men kill another in drug related business

17

R. v. Piche, 2006 ABCA 220 (CanLII)

m

Manslaughter 25 years

Man kills elderly man, appeal dismissed

18

R. v. Poucette, 1999 ABCA 305 (CanLII

m

Manslaughter 1 year

Aboriginal  man kills cousin in fight

19

R. v. Qazi, 2004 ABCA 364 (CanLII)

m

Manslaughter, 7 years

Father kills son, originally convicted of second degree murder overturned on appeal

20

R. v.Sangha, 2001 ABQB 373 (CanLII)

m

Manslaughter, 9 years

Man kills another man in argument

21

R. v. Stark, 2001 ABCA 104 (CanLII)

m

Manslaughter 10 years includin 13 months served

Sentence reduced to 7 years on appeal

22

R. v. Strongman, 2007 ABQB 370 (CanLII)

m

Manslaughter, 12 years

2 men and a woman charged in confinement robbery and killing of taxi driver, man and woman convicted of second degree murder

23

R. v. Tallman, 1989 CanLII 174 (AB C.A.)

m

Manslaughter, 2 1/2 years

4 men involved in killing allowed to plead to manslaughter

24

R. v. Tallman, 1989 CanLII 174 (AB C.A.)

m

Manslaughter, 4 years

4 men involved in killing allowed to plead to manslaughter

25

R. v. Tallman, 1989 CanLII 174 (AB C.A.)

m

Manslaughter, 6 years

4 men involved in killing allowed to plead to manslaughter

26

R. v. Tallman, 1989 CanLII 174 (AB C.A.)

m

Manslaughter, 6 years

4 men involved in killing allowed to plead to manslaughter

27

R. v. Taylor, 1998 ABCA 354 (CanLII)

m

Manslaughter 6 years

Kills a man in fight, ppeal dismissed

28

R. v. Toon, 2006 ABQB 285 (CanLII)

m

Manslaughter 12 years

Man shoots another man in an argument, sentence reduced to 10 years on appeal

29

R. v. Varga, 2000 ABCA 72 (CanLII)

m

Manslaughter, 14 years

Beats man to death stealing marijuana plants

30

R. v. Zagorac (1997), 200 A.R. 305

m

Manslaughter 25 years

Mans wife falls to her death trying to escape from him, previous convictions for assault, appeal dismissed

1

R. v. Agate, 2003 ABCA 183 (CanLII)

m

Second degree murder, 20 year parole ineligibility

Kills handicapped man

2

R. v. Diep, 2005 ABQB 81 (CanLII)

m

Second degree murder, 10 year parole ineligibility

Man kills ex wife

3

R. v. Fattah, 2006 ABQB 178 (CanLII)

m

Second degree murder, 21 years parole ineligibility

Execution style killing of man he was feuding with

4

R. v. Fouquet, 2005 ABQB 673 (CanLII)

m

Second degree murder, 22 year parole ineligibility

2 men kill drug dealer to get drugs

5

R. v. Frenette, 1999 ABCA 225 (CanLII)

m

Second degree murder, 20 year parole ineligibility

Sentence reduced to 15 years parole ineligibility on appeal

6

R. v. Gordon, 2007 ABQB 329 (CanLII)

m

Second degree murder, 17 year parole ineligibility

Man shoots another man after argument

7

R. v. Hanley, 1999 ABCA 27 (CanLII)

m

Second degree murder, 15 years parole ineligibility

Robbery killing, appeal dismissed

8

R. v. Jackson, 2005 ABCA 430 (CanLII)

m

Second degree murder, 10 year parole ineligibility

Appeal dismissed

9

R. v. Lavoie, 2000 ABCA 318 (CanLII)

m

Second degree murder, 14 year parole ineligibility

Man shoots another man who sued him for a car accident, appeal dismissed

10

R. v. McLaughlin, 2003 ABQB 338 (CanLII)

m

Second degree murder 18 year parole ineligibility

Man robs and sexually assaults and kills femalreaquaintaince

11

R. v. Point, 2003 ABCA 301 (CanLII)

w

Second degree murder, 20 year parole ineligibility

Woman kills aunt

12

R. v. Radonjic, 2004 ABCA 323 (CanLII)

m

Second degree murder, 15 year parole ineligibility

Man kills wife while charged with assaulting her

13

R. v. Roberts, 2001 ABQB 520 (CanLII)

m

Second degree murder, 15 year parole ineligibility

Shoot gas company man over contaminated oilwell on property

14

R. v. Song, 2007 ABQB 37 (CanLII)

m

Second degree murder, 12 years parole ineligibility

Man stabs other man, 2 couples drinking uin appartmernt asfter going out to the bar

15

R. v. Stephen, 1999 ABCA 190 (CanLII)

m

Second degree murder, 15 year parole ineligibility

Appeal dismissed

16

R. v. Tudor, 2003 ABCA 352 (CanLII)

m

Second degree murder, 20 year parole ineligibility

Appeal dismissed

17

R. v. White, 2006 ABQB 909 (CanLII)

m

Second degree murder, 17 year parole ineligibility

Man kills wife and stages fake crime scene as alibi

1

R. v. Osman, October 16, 1990, Formal Judgment (Alta. C.A.), Appeal No. 9001‑1753‑A3

m

Attempted murder 12 years

Appeal dismissed

2

R. v. Dagenais, 2003 ABCA 376 (CanLII)

m

Attempted murder 25 years

Tried to kill spouse, prior assaults on 4 other spouses, sentence overturned and designated a dangerous offender

3

R. v. Lysak, 2006 ABCA 327 (CanLII)

m

Attempted murder 17 years not including 18 months pretrial custody

Man stabs another man, sentence reduced to 14 years not including pretrial custody on appeal

1

R. v. Bunes, 1999 ABCA 29 (CanLII)

m

Aggravated assault, 18 months conditional

Man hits another man with broken bottle during fight, sentence changed to 18 months imprisonment on crown appeal

2

R. v. C.C.S., 2005 ABCA 404 (CanLII)

w

Aggravated assault, 15 months

Woman dips babys feet in boiling water, sentence  and conviction appeals dismissed

3

R. v. Ervin, [2001] A.J. No. 1621

m

Aggravated assault, 7 years

 

4

R. v. Gagliardi, [2000] A.J. No. 549

m

Aggravated assault, 9 years

2 accused, extreme violence bodily harm

5

R. v. Gagliardi, [2000] A.J. No. 549

m

Aggravated assault, 7 years

2 accused, extreme violence bodily harm

6

R. v. Gagliardi, 2000 ABCA 137 (CanLII)

m

Aggravated assault, 3 years

Gang of men beat another, pleads guilty

7

R. v. Glover, 2002 ABQB 576 (CanLII)

m

Aggravated assault, 8 years

Manager orders 2 bouncers to go out and injury innocent person

8

R. v. Hamdan, 2004 ABCA 297 (CanLII)

m

Aggravated assault, 18 months plus 13 served

Planned revenge beating

9

R. v. Hewitt, 2005 ABCA 334 (CanLII)

m

Aggravated assault, 3 years

Homeless man trepassiong resists eviction, man evicting him has a stroke, appeal dismissed

10

R. v. Hilderman, 2004 ABQB 864 (CanLII)

 

m

Aggravarted assaualt, 7 months total jail and 16 month conditional sentence

2 men convicted of beating up bum

11

R. v. Hilderman, 2004 ABQB 864 (CanLII)

 

m

Aggravarted assaualt, 7 months total jail and 16 month conditional sentence

2 men convicted of beating up bum

12

R v. J.A.B. (2001), 277 A.R. 346, 2001 (A.B.C.A.)

m

Aggravated assault, 3 years, not including 1 ˝ months pretrial custody

Group of young adults beat 16 year old

13

R. v. K.(A.), 2002 ABCA 220 (CanLII)

m

Aggravated assault, 5 1/2 years

Reduced to 4 ˝ years on appeal

14

R. v. Kosmak, 2007 ABCA 82 (CanLII)

m

Aggravated assault, 10 months

Man in fight over ex girlfriend, sentence incresed to 20 months on crown appeal

15

R. v. Lafleche, 2001 ABCA 292 (CanLII)

w

Aggravated assault, 7 years

Man and woman assault another woman, sentence changed to 4 years on appeal

16

R. v. Mathieu, 2005 ABCA 93 (CanLII)

m

Aggravated assault, 2 years conditional sentence

Man comes home drunk and stabs one of his room mates, sentence changed to 2 years incarceration on crown appeal

17

R. v. Moccasin, 2005 ABCA 363 (CanLII)

m

Aggravated assault, 2 1/2 years

Sentence reduced to 2 ˝ years on appeal

18

R. v. Munoz, 2006 ABQB 901 (CanLII)

m

Aggravated assault, 3 years, not including credit for 33 months

Man robs couple with hatchet

19

R. v. Perks, 1999 ABCA 213 (CanLII

m

Aggravated assault, 2 years

Man assists in assault

20

R. v. Redbreast, 2004 ABQB 709 (CanLII)

m

Aggravated assault, 3 years

Assault during prison riot

21

R. v. Ruksys, 2006 ABCA 270 (CanLII)

m

Aggravated assault, 2 years conditional sentence

Man beats ex girlfriends date with a cane, changed to 15 months on appeal

22

R. v. Shar