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Criminal - Sentencing - Murder. R. v. Suthakaran
In R. v. Suthakaran (Ont CA, 2023) the Court of Appeal considered sentencing for murder, here second degree:2. Legal Principles
[58] A conviction for second degree murder requires a life sentence without eligibility for parole for at least ten years and not exceeding 25 years: s. 745(c) of the Criminal Code. The period of parole ineligibility can be increased beyond ten years but not more than 25 years, pursuant to s. 745.4, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made by the jury pursuant to s. 745.2 of the Code.
[59] A trial judge’s determination of the period of parole ineligibility following a conviction for second degree murder must take into consideration the general sentencing principles contained in Part XXIII of the Criminal Code, including the principles of denunciation and deterrence: R. v. Salah, 2015 ONCA 23, 328 O.A.C. 333, at para. 266.
[60] The appellate standard of review in respect of sentences applies to a trial judge’s determination of a period of parole ineligibility. “Variations on appellate review should be confined to cases where the appellate court is satisfied that the sentence is not fit, that is to say, clearly unreasonable”: R. v. Boukhalfa, 2017 ONCA 660, 350 C.C.C. (3d) 29, at para. 210, citing R. v. Lacasse, 2015 SCC 64, [2015] 3 S.C.R. 1089 at para. 39; and R. v. Shropshire, 1995 CanLII 47 (SCC), [1995] 4 S.C.R. 227, at para. 46.
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