Voir la source de Tentative de meurtre (jurisprudence des peines)

[[en:Attempted Murder (Sentencing Cases)]]
{{Currency2|January|2024}}
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{{OffencesBoxMini|Tentative de meurtre}}

==Offence Wording==
<div class="mw-collapsible mw-collapsed">

{{quotation2|
; Attempt to commit murder
239 (1) Every person who attempts by any means to commit murder is guilty of an indictable offence and liable
:(a) if a restricted firearm or prohibited firearm is used in the commission of the offence or if any firearm is used in the commission of the offence and the offence is committed for the benefit of, at the direction of, or in association with, a criminal organization, to imprisonment for life and to a minimum punishment of imprisonment for a term of
::(i) in the case of a first offence, five years, and
::(ii) in the case of a second or subsequent offence, seven years;
:(a.1) in any other case where a firearm is used in the commission of the offence, to imprisonment for life and to a minimum punishment of imprisonment for a term of four years; and
:(b) in any other case, to imprisonment for life.<br>

{{Removed|(2) and (3)}}
R.S., {{LegHistory80s|1985, c. C-46}}, s. 239; {{LegHistory90s|1995, c. 39}}, s. 143; {{LegHistory00s|2008, c. 6}}, s. 16; {{LegHistory00s|2009, c. 22}}, s. 6.
|{{CCCSec2|239}}
|{{NoteUp|239|1}}
}}
</div>

==Attempted Murder==

===2000 to present===
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{{SpanYear2|2023}}
{{SCaseLong|{{CanLIIR-S|Gidharry|jv1lf|2023 ONSC 62 (CanLII)}}{{perONSC|Kelly J}} | {{ON}} |SC| {{JailY|17}} (attempt) | {{FindSummaries|jv1lf}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Cunningham|jv1m9|2023 ONCA 36 (CanLII)}}{{perONCA|Benotto JA}} | {{ON}} | CA| |  {{FindSummaries|jv1m9}} {{keywords|}} }}

{{SpanYear2|2021}}

{{SCaseLong|{{CanLIIR-S|Owusu|jgdds|2021 ONCA 417 (CanLII)}}{{TheCourtONCA}} | {{ON}}|CA| | {{FindSummaries|jgdds}} {{keywords|second degree|agg. assault|reckless discharge}} }}

{{SpanYear2|2020}}
{{SCaseLong|{{CanLIIR-S|Diba|jc59z|2020 ONSC 7732 (CanLII)}}{{perONSC|Dunphy J}} |{{ON}}|SC| {{JailY|5}} | {{FindSummaries|jc59z}} {{keywords|}} }}

{{SpanYear2|2017}}
{{SCaseLong|{{CanLIIR-S|JA|gwvp9|2017 ONSC 525 (CanLII)}}{{perONSC|O'Marra J}}|{{ON}}|SC| {{JailY|10}} | "J.A. was found guilty by a jury of the second degree murder of his six-year-old daughter and the attempted murder of his seven-year-old son.  Following the dissolution of his marriage, J.A. was suicidal.  He attended at the school of the two victims, telling officials the children had medical appointments to attend.  That was not true.  He picked up some alcohol and sleeping medication before attending at a hotel.  He gave each child some sleeping medication and sparkling wine.  Eventually, the police were alerted when the two children did not return from school.  When the police arrived at the hotel room, one child was unconscious (and eventually died).  The other was drowsy.  The cause of death was the combined toxicity of the sleep medication combined with alcohol.  On the count of murder, J.A. was imprisoned for life with parole eligibility set at 18 years.  He was given a concurrent sentence of 10 years for attempted murder." [http://canlii.ca/t/j5hf8] {{FindSummaries|gwvp9}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Kormendy|hnskg|2017 ONSC 6426 (CanLII)}}{{perONSC|Bondy J}}| {{ON}} |SC | {{JailY|20}} (global) |"Mr. Kormendy was convicted of, amongst other things, three counts of attempted murder by arson.  Mr. Kormendy was in a romantic relationship with one of the victims.  They were living together in Windsor, Ontario with her three children.  Two of the children were also victims in the arson, a seven-year-old daughter and a one-year-old-daughter.  The third escaped the consequences of the arson because she was not home at the time.  The fire was started because the victim had asked Mr. Kormendy to leave the home.  He poured gasoline around the room and on the outside of the door where she was sleeping with her 7-year-old daughter.  He also poured gasoline on the beds.  By pouring gasoline around the door, Mr. Kormendy essentially trapped the two victims in the room by fire.  Despite the screams of his victims after the fire started and the rooms being engulfed in flames, Mr. Kormendy did nothing to help his victims.  During the sentencing proceeding, Mr. Kormendy demonstrated little insight into his behaviour." [http://canlii.ca/t/j5hf8]  The Court of Appeal increased the sentence from 11 years to 20 years. {{FindSummaries|hnskg}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Simard|h5rr2|2017 ONCA 690 (CanLII)}}{{TheCourtONCA}} |{{ON}}|CA| {{JailY|20}} | "the offender pleaded guilty to attempted murder, unlawful confinement, uttering death threats and assaulting a police officer in the execution of her duty.  He advanced a defence of not criminally responsible, which was not accepted.  He was a caregiver at a facility for developmentally-challenged people.  The complainant was a resident.  The complainant was severely autistic and non-verbal.  The offender took the complainant into the woods near the facility and severely beat him.  When a co-worker asked what happened he threatened to kill her.  He later stated: “I tried to kill a retard because he was a drain on society, I took him into the bushes and beat the fuck out of him. I thought he was dead.”  The Court of Appeal noted it was a “savage and brutal attack on a defenceless and vulnerable complainant.”  The Court, characterizing the attempted murder as a callous and egregious breach of trust, upheld a sentence of twenty years." {{summfrom|Cunningham|jnqxl#par17|2022 ONSC 2229 (CanLII)}} {{FindSummaries|h5rr2}} {{keywords|}} }}

{{SpanYear2|2016}}
{{SCaseLong|{{CanLIIR-S|Forcillo|gsqhd|2016 ONSC 4850 (CanLII)}}{{perONSC|Then J}}| {{ON}} |SC | {{JailY|6}} | A mandatory minimum of 5 years applied. {{FindSummaries|gsqhd}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Hoare|gn201|2016 ONCJ 36 (CanLII)}}{{perONCJ|Wadden J}}| {{ON}} |PC | {{JailY|11}} | The offender assaulted he spouse with a baseball bat. He had no criminal record. {{FindSummaries|gn201}} {{keywords|}}}}

{{SCaseLong|{{CanLIIRx-S|Kaleki|gnpcw|2016 QCCQ 1276 (CanLII)}}{{perQCCQ|Paradis J}} |QC | PC | {{JailY|3}} | "Accused did not accept that her daughter wet out in nightclubs. ...Accused used a cleaver to assault the victim who was seriously injured. ...Victim is healed and the accused poses little risk of reoffending." {{FindSummaries|gnpcw}} {{keywords|}}}}

{{SpanYear2|2015}}
{{SCaseLong|{{CanLIIRx-S|Zugravescu|gj4th|2015 QCCA 914 (CanLII)}}{{TheCourtQCCA}} |{{QC}}|CA| {{JailY|7}} |  {{FindSummaries|gj4th}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Koopmans|gm4vg|2015 BCSC 2120 (CanLII)}}{{perBCSC|Maisonville J}} |{{BC}}|SC| | "[A] 51-year-old man without a criminal record was convicted of two counts of second degree murder and one count of attempted murder. In that case, the Crown emphasized that there were factors indicating forethought and premeditation. There were multiple victims and the killings were execution style. The victims were ambushed in their residence. The offender brought a loaded gun to the scene. The Crown sought consecutive sentences. Madam Justice Maisonville imposed concurrent periods of 22 years of parole ineligibility for each of the convictions of second degree murder." [http://canlii.ca/t/j5tr8] {{FindSummaries|gm4vg}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Edwards|gjg8c|2015 ONSC 3308 (CanLII)}}{{perONSC|Donohue J}}| {{ON}} |SC| {{JailY|9}}| "Mr. Edwards was convicted of two counts of attempted murder.  On the day in question, Mr. Edwards became frustrated and angry because his job prospects were limited and he had run out of cigarettes and alcohol.  He had attended a social at the Canadian Mental Health Association but was picked up by his father because he was being disruptive.  At the time of the offences, he had been under medical care for his mental health for some time.  At approximately 6:40 p.m. that day, Mr. Edwards approached a neighbor, Mr. Singh, suggesting they talk.  Mr. Edwards pulled out a knife and tried to stab him.  Mr. Singh was able to get away.  Shortly thereafter, Mr. Edwards approached another neighbor who was walking home from work.  Mr. Edwards stabbed him in the back with a kitchen knife.  Considering all principles, the trial judge sentenced Mr. Edwards to 9 years’ imprisonment." [http://canlii.ca/t/j5hf8] {{FindSummaries|gjg8c}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Vienneau|gml8c|2015 ONCA 898 (CanLII)}}{{TheCourtONCA}} | {{ON}}  |CA| {{JailY|11}} |"the accused broke into his ex-girlfriend’s house.  She was asleep with her new boyfriend.  The accused swung a knife at her.  She was seriously injured.  He then unsuccessfully attempted to take his own life.  He attempted to plead guilty to aggravated assault.  He was, however, convicted of attempted murder.  The crime took place in the context of serious injuries to the victim, and planning and deliberation.  The domestic context was aggravating.  The accused had no prior record, had been gainfully employed.  The court upheld a sentence of 11 years, finding that it was within the range." {{summfrom|Cunningham|jnqxl#par15|2022 ONSC 2229 (CanLII)}} {{FindSummaries|gml8c}} {{keywords|found guilty|ex-girlfriend|stabbing}} }}

{{SpanYear2|2014}}
{{SCaseLong|{{CanLIIRx-S|{{NL}}|g71rb|2014 QCCQ 4117 (CanLII)}}{{perQCCQ|Chevalier J}} |{{QC}}|PC| {{JailM|12}} with probation | "Accused tried to kill herself and her two kids with medications. ... Accused has no criminal record. ...Accused suffers from a mental illness." {{FindSummaries|g71rb}} {{keywords|}}}}

{{SCaseLong|{{CanLIIRx-S|Matheson|g7f5z|2014 NSSC 203 (CanLII)}}{{perNSSC|Scaravelli J}} |{{NS}}|SC| {{JailY|10}} |  "Accused, unprovoked, assaulted the victim by stabbing him two times in the back and slashing his throat twice with a knife." {{FindSummaries|g7f5z}} {{keywords|}}}} 

{{SpanYear2|2013}}
{{SCaseLong|{{CanLIIR-S|McArthur|g2fx7|2013 SKCA 139 (CanLII)}}{{perSKCA|Lane JA}} |{{SK}}|CA| {{JailY|17}} | use of a firearm. Declared Long-Term Offender.{{FindSummaries|g2fx7}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Marier|fzpmq|2013 QCCS 3398 (CanLII)}}{{perQCCS|Gagnon J}} |{{QC}}|SC| {{JailY|10}} |  "Accused tried to stab his ex-wife with a hunting knife after breaking and entering her house." {{FindSummaries|fzpmq}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Postma|g23tz|2013 ONSC 7218 (CanLII)}}{{perONSC|Ricchetti J}} | {{ON}} |SC| {{JailY|11}} | "Ms. Postma attempted to murder her daughter.  At that time, she had separated from her husband and had four daughters.  The victim was the youngest.  Ms. Postma became distraught after the separation.  When Ms. Postma went to visit her daughter (the victim), she slit her throat.  The victim ran from her mother as she was being chased.  Eventually, the police arrived.  There is no explanation as to why Ms. Postma attempted to murder her daughter.  There was no evidence of a mental disorder.  She was 48 years of age at the time of the offence and had no criminal record.  The court imposed an 11-year sentence." [http://canlii.ca/t/j5hf8] {{FindSummaries|g23tz}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|MacMillan|fzsmt|2013 QCCQ 7357 (CanLII)}}{{perQCCQ|Bigue J}} |{{QC}}|SC| {{JailY|7}} |"Accused tried to kill his spouse with a machete. ...Accused has a criminal record related to alcohol consumption." {{FindSummaries|fzsmt}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Hanishewski|fxm79|2013 SKPC 89 (CanLII)}}{{perSKPC|Koskie J}} |{{SK}}|PC| {{JailY|9}} | {{FindSummaries|fxm79}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Adamson|fxdc7|2013 ONSC 2365 (CanLII)}}{{perONSC|Gray J}}| {{ON}} |SC |{{JailY|13}} | "While the victim was sleeping in her home, Mr. Adamson entered and crept upstairs to her bedroom.  He approached her, punched her in the head and when asked why he was doing this, he responded, “I’m sorry”.  He rolled her onto her back and put a gloved hand over her mouth.  He pulled out a knife and began to slit her throat saying, “I love you”.  The victim screamed and Mr. Adamson fled.  Mr. Adamson was the victim’s boyfriend and the father of the child she was carrying at the time.  Mr. Adamson denied, to a judge and jury, that he was the perpetrator of these offences.  He was found guilty.  The Court of Appeal found that the sentence of 13 years was justified." [http://canlii.ca/t/j5hf8] {{FindSummaries|fxdc7}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Pyke|fxcw6|2013 NSCA 61 (CanLII)}}{{perNSCA|MacDonald CJ}}| {{NS}} |CA | {{JailY|5}} | victim stabbed several times by a gang of offenders. {{FindSummaries|fxcw6}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Bulat|g01g2|2013 ONSC 4513 (CanLII)}}{{perONSC|Bondy J}}| {{ON}} |SC | {{JailM|6}} | The offender struck the victim with a motor vehicle out of jealousy over a relationship. He was of frail physical health. {{FindSummaries|g01g2}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Carelse|fvz5h|2013 SKQB 15 (CanLII)}}{{perSKQB|Danyliuk J}} |{{SK}}|SC| {{JailY|16}} | {{FindSummaries|fvz5h}} {{keywords|intimate partner}}}}

{{SCaseLong|{{CanLIIR-S|Vukaj|fvq5q|2013 BCSC 79 (CanLII)}}{{perBCSC|Griffin J}} |{{BC}}|SC| {{JailY|14}} (attempt)<br> B&E (5 years)<br> dangerous op. of MV (10 months)<br> uttering threats(1 year)<br> global (14 years) | {{FindSummaries|fvq5q}} {{keywords|}} }}

{{SCaseLong| {{CanLIIRP-S|Dicker|fwkt2|2013 CanLII 13200 (NL PC)}}{{perNLPC|Joy J}} |{{NL}}|PC| {{JailM|6}} | "Accused, an aboriginal, stabbed the victim in the chest with a pocket knife or similar weapon. ...Victim provoked the assault by shouting insults to the accused." {{FindSummaries|fwkt2}} {{keywords|}} }}

{{SpanYear2|2012}}
{{SCaseLong|{{CanLIIRP-S|Blandon|frvkj|2012 ONSC 3864 (CanLII)|103 WCB (2d) 101}}{{perONSC|Nordheimer J}}| {{ON}} |SC | {{JailY|10}} | stabbing; also convicted of 2nd degree murder {{FindSummaries|frvkj}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Huff|fpw8n|2012 ONCA 86 (CanLII)}}{{perONCA| J}} | {{ON}} | CA | | "the victim had ended the relationship with the offender.  He fabricated a false alibi.  The victim’s skull was shattered by blows from a baseball bat.  The Court of Appeal called the attack “calculated” and “callous”.  The offender had numerous convictions and no significant gaps in his criminal record.  The Court of Appeal upheld a life sentence." {{summfrom|Cunningham|jnqxl#par19|2022 ONSC 2229 (CanLII)}} {{FindOthers|fpw8n}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Martin|fv9ct|2012 QCCA 2223 (CanLII)|JQ no 16362}}{{perQCCA|Morin J}} (2:1) |{{QC}}| CA | 1 day after remand | "Accused, who suffers from mental illness, tried to stab the victim several times with a hunting knife." {{FindSummaries|fv9ct}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-SN|Smith|2012 NSCA 37}}| {{NS}} |CA |{{JailY|14}} |The offender was 17 1/2 years old at the time but was sentenced as an adult. At the request of an associate,He shot the victim I point-blank range in the chest. The victim survive but became a paraplegic. He had numerous health problems and a shorter life expectancy. The offender had a lengthy criminal record and a negative psychiatric profile.  {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Boissonneault|fr8bz|2012 MBCA 40 (CanLII)}}{{perMBCA|Monnin JA}} |{{MB}}|CA| {{JailY|14}} |The offender shot victim while he was in a cab. He had an animus towards the victim and had been consuming a lot of alcohol and drugs the days before the shooting.
Sentence reduced from 17 years. {{FindSummaries|fr8bz}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|John Brook|fppfd|2012 ONSC 184 (CanLII) }}{{perONSC|Sosna J}} | {{ON}} |SC| {{JailY|16}} | Offender shot victim over a drug debt. Offender was a drug dealer with an extensive record including violence. {{FindSummaries|fppfd}} {{keywords|}} }}

{{SpanYear2|2011}}
{{SCaseLong| {{CanLIIR-S|Sulek|fnmb0|2011 ABPC 314 (CanLII)}}{{perABPC|Lamoureux J}}|{{AB}}|PC| {{JailY|2}} | {{FindSummaries|fnmb0}} {{keywords|}}}}

{{SCaseLong| {{CanLIIR-S|Chevers|fmvw7|2011 ONCA 569 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA| {{JailY|15}} |The offender shot at the victim twice in public and missed. There was evidence of premeditation. The offender was 24 years old. Sentence of 15 years affirmed. {{FindSummaries|fmvw7}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-S|Marriott|fnqpv|2011 NSSC 414 (CanLII)}}{{perNSSC|Coady J}}| {{NS}} |SC | {{JailY|15}} | {{FindSummaries|fnqpv}} {{keywords|joint recommendation}} }}

{{SCaseLong| {{CanLIIR-S|Leblanc|fm27b|2011 NSCA 60 (CanLII)}}{{perNSCA|Fichaud J}} | {{NS}} |CA|{{JailY|16}}|The offender was a member of a rival gang, he chased down the victim and fired a handgun a number of times. The victim was struck twice but survived.  The offender had a lengthy criminal record. {{FindSummaries|fm27b}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Valentine-Remy|fn1rn|2011 QCCQ 10060 (CanLII)}}{{perQCCQ|Morin J}}|{{QC}}|PC | {{JailY|9}} | Offender stabbed victim 5 times perforating heart and liver. Offence was in retaliation and impulsive. {{FindSummaries|fn1rn}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Belisle-Taylor|fl59m|2011 NSSC 159 (CanLII)|955 APR 146}}{{perNSSC|Duncan J}}| {{NS}} |SC | {{JailY|10}} | {{FindSummaries|fl59m}} {{keywords|}} }}

{{SpanYear2|2010}}
{{SCaseLong|{{CanLIIR-S|Botelho|2bk1w|2010 ONCA 497 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|8.5}} | "Mr. Botelho had engaged in a history of violent behaviour toward the complainant.  He had two convictions for domestic assault.  The last one involved the same complainant.  In breach of his terms of bail, and after having consumed alcohol, Mr. Botelho stabbed the complainant numerous times in a vicious attack.  But for immediate medical attention, the complainant would have died as a result of the injuries inflicted by Mr. Botelho.  He did not accept responsibility for his conduct and maintained that the injuries were caused by accident.  As such, the Court of Appeal found that he continued to be a danger to society.  The Court held that, “In these circumstances, a sentence of eight and a half years for the offence of attempted murder is the lowest sentence that in our view, could be considered fit.” "[http://canlii.ca/t/j5hf8] see also [https://canlii.ca/t/jnqxl#par22]  {{FindSummaries|2bk1w}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Roy|27dxk|2010 QCCA 16 (CanLII)}} |{{QC}}|CA | {{JailY|15}} |  "Accused stabbed his wife with a knife in the presence of their children." {{FindSummaries|27dxk}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|KG|28gn6|2010 ONCA 177 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA| {{JailY|14}} | "the victim was the estranged wife of the offender.  The offender believed that the wife was involved with another man.  On the day of the assault the wife and children picked up the offender in a car.  They became involved in an argument.  He struck the wife so hard that blood spattered on the children.  One of the children called an aunt, who could hear screaming.  The wife and the offender got of the car and continued the argument.  The offender then got into the car, and drove into and over the wife.  She was dragged by the car for 82 feet and suffered extensive and very serious life-threatening injuries.  The children were still in the car.  The offender eventually sent them home in a taxi, and threatened to kill the wife’s family. The accused had a criminal record.  He pleaded guilty.  The trial judge characterized the offence as one of “stark horror”.  The Court of Appeal upheld the 14-year sentence." {{summfrom|Cunningham|jnqxl#par18|2022 ONSC 2229 (CanLII)}} {{FindSummaries|28gn6}} {{keywords|guilty plea|ex-wife|vehicle|remorse}} }}

{{SCaseLong| {{CanLIIR-S|Situ|2d05j|2010 ONCA 683 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|15}} | The offender was in a shooting at a pool hall. The victim was rendered quadrapalegic. The offender had a prior record. Sentence affirmed. {{FindSummaries|2d05j}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Truelove|2cn0p|2010 ONCA 608 (CanLII)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|13}} |Shooting at a nightclub. {{FindSummaries|2cn0p}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Kipp|29gmw|2010 BCSC 584 (CanLII)}}{{perBCSC|Joyce J}}|{{BC}}|SC | {{JailY|11}} | offender shot at victim, hitting him 4 times over drug debt. Offender was 23 years old with lengthy record, none for violence. {{FindSummaries|29gmw}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Clarke|27qz6|2010 ONSC 656 (CanLII)}}{{perONSC|Thorburn J}} | {{ON}} |SC| {{JailY|12.5}} |The offender shot the victim with a sawed-off shotgun at close range in front of a convenience store. The injuries were life-threatening. The offender had 4 prior convictions. {{FindSummaries|27qz6}} {{keywords|}} }}

{{SCaseLong| {{CanLIIRP|Smith|28z6f|2010 ONCA 229 (CanLII)|<br>  }}{{perONCA|Sharpe JA}} | {{ON}} |CA | {{JailY|10}} | {{FindSummaries|28z6f}} {{keywords|}} }}

{{SpanYear2|2009}}
{{SCaseLong|{{CanLIIR-S|Brown|24gpx|2009 ONCA 563 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA |Life |The offender shot the victim 6 times in a parking lot at close range. The victim became paraplegic. The area of shooting was frequented by children. The attack was unprovoked. The offender was youthful. He had no record and had a young child. {{FindSummaries|24gpx}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Thompson|22s5d|2009 ONCA 243 (CanLII)}}{{perONCA|Goudge JA}} | {{ON}} |CA| {{JailY|12}} |A planned shooting of the victim in a public place.The offender had a lengthy record which included violence. {{FindSummaries|22s5d}} {{keywords|}}}}

{{SCaseLong|{{CanLIIR-S|Guedez-Infante|2680l|2009 ONCA 739 (CanLII)}}{{TheCourtONCA}} | {{ON}} |CA| {{JailY|10}} |The offender shot the victim in public. The injuries were serious. The offender was youthful and had no prior record. {{FindSummaries|2680l}} {{keywords|}} }}

{{SpanYear2|2008}}
{{SCaseLong|{{CanLIIR-S|Tan|20385|2008 ONCA 574 (CanLII)}}{{perONCA|Laskin JA}} | {{ON}} |CA| {{JailY|15}} | "Mr. Tan pleaded guilty to attempted murder, forcible confinement, robbery and sexual assault.  He was given a 15-year sentence.  He appealed.  At the time of the offences, Mr. Tan was 34 years of age and unemployed.  The victim was a university student.  They knew each other through a mutual friend.  After moving the victim from her apartment and while in the car, Mr. Tan suggested that the victim break up with her boyfriend.  When she declined to do so, Mr. Tan became enraged.  Eventually, he bound and gagged her.  He made her lie down in the car and brandished a knife.  He collected a tarp and some clothing.  He drove three hours to a friend’s cottage in Bancroft, Ontario where he sexually assaulted her.  He put her in a chokehold and told her that he was going to kill her.  He slit her throat and stabbed her, causing a collapsed lung.  He asked the victim about her bank accounts and obtained her PIN number.  He took her identification documents, including her passport.  He covered her with the tarp and she lost consciousness.  He dragged her 40 feet into the bush, covered her with dirt, leaves and the tarp.  He left her to die but she did not.  Eventually, the victim struggled to the main road where she was assisted.  Her injuries, both physical and psychological, were devastating and permanent.  The sentence of 15 years was upheld by the Court of Appeal." The Court of Appeal "held that a 15-year sentence for a first offender who entered a guilty plea and expresses remorse was high.  However, it held that the sentence was justified for a number of reasons, including: the domestic context of the offence, the specific intent to kill, the elements of planning and deliberation, the length of the attack, the concealing of the body and identity of the victim, the fact that the victim was left to die and the serious physical and psychological injuries on the victim." [http://canlii.ca/t/j5hf8] see also [https://canlii.ca/t/jnqxl#par16] {{FindSummaries|20385}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Ljeskovica|21rpj|2008 CanLII 63569 (ON SC)|[2008] OJ No 4935 (SCJ)}}{{perONSC|Trotter J}} | {{ON}} |SC| {{JailY|8}} | The offender struck the victim's girlfriend, causing a short fight between the men. The offender left shortly after stating "I’m coming back and kill you." The offender returned to the victim's residence that evening. Almost immediately upon entering the offender stabbed the victim with a knife. There was a scuffle and the offender fled. The victim suffered "two stab wounds to his chest, two stab wounds to his back and another to his leg." The offender pled guilty. He was 29 years old and had immigrated from Macedonia at age 15. He had no prior record and was remorseful. He had a problem with alcohol and used drugs. On the night of the incident, the offender had been drinking "a lot". {{FindSummaries|21rpj}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Thiara|218kj|2008 BCSC 1414 (CanLII)}}{{perBCSC|BJ Brown J}} |{{BC}}|SC| {{JailY|10}} |offender shot victim twice over a drug debt. {{FindSummaries|218kj}} {{keywords|}} }}

{{SpanYear2|2007}}
{{SCaseLong|{{CanLIIR-SN|McDonald| [2007] OJ No 3859 (SCJ)}} | {{ON}} |SC|{{JailY|11}} | Offender attempted to kill common law partner and daughter using a hammer. The offender had no record, history of employment, and community church work. The offence was out of character. He plead guilty, was remorseful. {{keywords|}} }}

{{SpanYear2|2006}}
{{SCaseLong|{{CanLIIR-S|Lysak|1pxxx|2006 ABCA 327 (CanLII)}}{{perABCA|Costigan JA}}|{{AB}}|CA | {{JailY|17}} | {{FindSummaries|1pxxx}} {{keywords|family member victim|shooting}} }}

{{SCaseLong|{{CanLIIRP-S|Phillips|1q9j8|2006 NBQB 378 (CanLII)|797 APR 111}}{{perNBQB|Rideout J}} | NB |SC|{{JailY|6}} | "During an exchange of drugs for money, the complainant was hit a few times at the head and in the back with a baseball bat and he was stabbed....Accused has a lengthy criminal record." {{FindSummaries|1q9j8}} {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Payne|1n1s2|2006 CanLII 11912 (ON SC)|, <br>}}{{perONSC|Kiteley J}} | {{ON}} |SC| {{JailY|7}} | "the offender tried to kill his ex-girlfriend and her sister with a hammer and a knife.  There was a struggle which went on until the police came.  The ex-girlfriend suffered significant knife wounds to her hands and hammer blows to her head. The attack was brutal.   The offender had a criminal record as both a youth and an adult.  His record included a domestic assault, as well as drug trafficking and possession of a weapon.  He was distraught from the end of the relationship.  The offender pleaded guilty, was remorseful, and was suffering from mental health issues.  The sentencing judge, Kiteley J., found that the range of sentence for an attempted murder in the circumstances of a domestic assault was between six and ten years.  He had served 43 months in pre-sentence custody.  Kiteley J. sentenced him to a further period of 3 years and 3 months, which worked out to a sentence of 6 years and 10 months." {{summfrom|Cunningham|jnqxl#par23|2022 ONSC 2229 (CanLII)}} {{FindSummaries|1n1s2}} {{keywords|intimate partner}} }}

{{SpanYear2|2004}}
{{SCaseLong|{{CanLIIRP-S|McArthur|1gk4v|2004 CanLII 8759 (ON CA)|182 CCC (3d) 230}}{{perONCA-H|Doherty JA}} | {{ON}} |CA  | life |{{FindSummaries|1gk4v}} {{keywords|police officer victim}} }}

{{SCaseLong|{{CanLIIRP-S|Boucher|1hd0d|2004 CanLII 17719 (ON CA)}} | {{ON}} | CA| {{JailY|6}} | "the offender struck his former wife’s car in an attempt to kill her.  He spun into a ditch.  She was able to drive away.  Prior to the collision he had approached her with a metal bar, but she managed to get into her car and drive away.  The offender was 53, had no criminal record, and had been employed steadily throughout his life.  The trial judge sentenced him to two years less a day and two years of probation in light of 14 months of pre-sentence custody.  The trial judge stated that it was the equivalent of a four-year sentence.  The Crown appealed on the basis that the sentence was manifestly unfit.  The Court of Appeal found that in cases of attempted murder, the principles of denunciation and deterrence are paramount.  The Court would have substituted a sentence of six years but chose not to re-incarcerate the offender and instead varied the period of probation to three years." {{summfrom|Cunningham|jnqxl#par18|2022 ONSC 2229 (CanLII)}} {{FindSummaries|1hd0d}} {{keywords|intimate partner|vehicle|53-year-old offender|no record}} }}

{{SpanYear2|2002}}
{{SCaseLong|{{CanLIIR-S|Champagne|1cf12|2002 CanLII 22947 (ON CA)}}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|12}} | {{FindSummaries|1cf12}} {{keywords|}} }}

{{SpanYear2|2001}}
{{SCaseLong|{{CanLIIRP-S|Ahmed-Saidi|1fbl9|2001 CanLII 24100 (ON CA)|<br> }}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|8.5}} | {{FindSummaries|1fbl9}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Edwards|1fbx6|2001 CanLII 24105 (ON CA}}{{perONCA|Rosenberg JA}} | {{ON}} |CA| {{JailY|8}} | The offender attempted to murder his common-law spouse. Joint recommendation. He turned himself in and expressed remorse.  The sentence of 8 years was considered "extremely lenient". {{FindSummaries|1fbx6}} {{keywords|}} }}

{{SpanYear2|2000}}
{{SCaseLong| {{CanLIIRP-S|Joseph|5k4t|2000 BCSC 1891 (CanLII)|<br>  }}{{perBCSC|Taylor J}} |{{BC}}|SC| {{JailY|10}} | shooting between drug dealers {{FindSummaries|5k4t}} {{keywords|}} }}

{{SCaseEnd}}

===1980 to 1999===
{{SCaseHeaderLong}}

{{SpanYear2|1994}}
{{SCaseLong| {{CanLIIRP-S|Denkers|6k0b|1994 CanLII 2660 (ON CA)|,<br> }}{{TheCourtONCA}}| {{ON}} |CA | {{JailY|15}} (attempt)| Sentence upheld. Offender stabbed ex-girlfriend several times and sexually assaulted her. Intended to kill. {{FindSummaries|6k0b}} {{keywords|}} }}

{{SpanYear2|1993}}
{{SCaseLong| {{CanLIIRP-S|Boutin|1pcfw|1993 CanLII 3929 (QC CA)}}{{perQCCA|Tyndale JA}} |{{QC}}|CA|{{JailY|5}} | "Accused stabbed his wife with a knife in the presence of their daughter. ...Since the tragedy the accused behaved and improved his attitude." {{FindSummaries|1pcfw}} {{keywords|}} }}

{{SpanYear2|1990}}
{{SCaseLong| {{CanLIIRP-S|Gould|1msp6|1990 CanLII 2432 (NS CA)| [1990] NSJ No 109}}{{perNSCA|Matthews JA}}| {{NS}} |CA | {{JailY|8}} | victim stabbed multiple times {{FindSummaries|1msp6}} {{keywords|}} }}

{{SpanYear2|1987}}
{{SCaseLong|{{CanLIIR-S|Cope|g8cxz|1987 CanLII 4729 (SK CA)}}{{perSKCA|Cameron JA}}|{{SK}}|CA | {{MaxCSO}} | {{FindSummaries|g8cxz}} {{keywords|}} }}

{{SCaseEnd}}

===Murder for Hire===

{{SCaseHeaderLong}}

{{SCaseLong|{{CanLIIR-S|Tokhi|g7ddx|2014 ONSC 3142 (CanLII)}}{{perONSC|Molloy J}}| {{ON}} |SC | {{JailY|4.5}} | Wife hired hitman to kill husband. {{FindSummaries|g7ddx}} {{keywords|}} }}

{{SCaseLong|{{CanLIIR-S|Cheema|266nh|2003 BCSC 2071 (CanLII)}}{{perBCSC|Baker J}}|{{BC}}|SC | {{JailY|6}} |  Ex-wife attempting over several months to murder husband over custody of children. Offender was relatively young with no criminal record and plead guilty. {{FindSummaries|266nh}} {{keywords|}} }}

{{SCaseLong| {{CanLIIR-SN|Cozzi| [2001] OJ No 1967 (O.C.J.)}}| {{ON}} |PC | {{JailY|3}} | wife in dispute with husband over children. The offender had a long history of depression and suicide attempts. The victim was a member of an outlaw biker gang.  {{keywords|}} }}

{{SCaseLong|{{CanLIIR-SN|Dos Santos| [1998] OJ No 6290 (O.C.J.Gen.Div.)}}| {{ON}} | | {{JailY|5.5}} | wife in dispute with her husband over child custody and hired someone to kill him. Offender had no record, expressed remorse.   {{keywords|}} }}

{{SCaseLong|{{CanLIIRP-S|Wickham|1ddxk|1995 CanLII 1879 (BC CA)| [1995] BCJ No 2209 (BCCA)}}{{perBCCA|Donald JA}}|{{BC}}|CA | {{JailY|7}} | Wife wanted to murder husband to be with new boyfriend and get life insurance. {{FindSummaries|1ddxk}} {{keywords|}} }}

{{SCaseEnd}}

==See Also==
* [[Homicide (Sentencing Cases)]]

{{OffencesNavBar/Homicide}}