R. v. Beaver (R.M.), 2014 NSSC 10

• Judge: Rosinski, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 09, 2014
• Jurisdiction: Nova Scotia
• Citations: 2014 NSSC 10;(2014), 339 N.S.R.(2d) 204 (SC)

R. v. Beaver (R.M.) (2014), 339 N.S.R.(2d) 204 (SC);

    1073 A.P.R. 204

MLB headnote and full text

Temp. Cite: [2014] N.S.R.(2d) TBEd. JA.031

Her Majesty the Queen v. Russell Matthew Beaver

(CRH 408378; 2014 NSSC 10)

Indexed As: R. v. Beaver (R.M.)

Nova Scotia Supreme Court

Rosinski, J.

January 9, 2014.

Summary:

The 23 year old accused pleaded guilty to the 2011 second degree murder of the victim, a man 10 years his senior who had befriended him when the accused was 13 years of age and had been physically, sexually and emotionally abusing him since then. The accused's attempts to extricate himself from the friendship were unsuccessful due to threats and fear. The accused, wishing the harassment to end, went to the victim's house with a shotgun to intimidate him into leaving him alone. At issue was whether to impose the minimum period of parole ineligibility (10 years) or something between 10 years and the maximum 25 years. The accused sought the minimum 10 years. The Crown sought 12-15 years' parole ineligibility.

The Nova Scotia Supreme Court sentenced the accused to life imprisonment without eligibility for parole for 12 years.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - In 2011, the 23 year old accused shot and killed the victim, a man 10 years his senior who had befriended him when the accused was 13 years of age and had been physically, sexually and emotionally abusing him since then - The accused's attempts to extricate himself from the friendship were unsuccessful due to threats of violence and the threat to disclose sexually compromising videos of the accused - The accused, now in a stable common law relationship with two children and wishing the harassment to end, went to the victim's house with a shotgun to intimidate him into leaving him alone - The accused testified that he shot the victim as he angrily advanced toward him - The body was not discovered for 22 days - The accused pleaded guilty to second degree murder - The accused sought the minimum 10 years' parole ineligibility - The Crown sought 12-15 years - The Nova Scotia Supreme Court sentenced the accused to life imprisonment without eligibility for parole for 12 years - The accused did not justify the shooting on the basis of duress or self-defence - It was a matter of vigilante justice, although the accused felt he had no choice - There was no persuasive evidence that the accused could not have enlisted the assistance of the police - Contact between the two for the 2.5 years prior to the killing was almost exclusively by telephone or texts - The court stated that the 10-15 year range of parole ineligibility was reserved for offenders for whom the prospects of rehabilitation appeared good and little would be served by extending the period of ineligibility other than to further denunciation and deterrence - However, the aggravating factors required a period of parole ineligibility greater than the minimum 10 years.

Criminal Law - Topic 5881

Sentence - Murder - [See Criminal Law - Topic 5670 ].

Cases Noticed:

R. v. Cromwell (Y.M.) (2005), 238 N.S.R.(2d) 17; 757 A.P.R. 17; 2005 NSCA 137, refd to. [para. 9].

R. v. Shropshire (M.T.), [1995] 4 S.C.R. 227; 188 N.R. 284; 65 B.C.A.C. 37; 106 W.A.C. 37, refd to. [para. 10].

R. v. Ward (S.C.) (2011), 307 N.S.R.(2d) 216; 975 A.P.R. 216; 2011 NSCA 78, refd to. [para. 11].

R. v. Hawkins (H.J.) (2011), 298 N.S.R.(2d) 53; 945 A.P.R. 53; 2011 NSCA 7, refd to. [para. 11].

R. v. Hartling (B.F.), [2012] N.S.R.(2d) Uned. 43; 2011 NSSC 506, refd to. [para. 17].

R. v. Hayden (J.T.) (2006), 210 O.A.C. 40 (C.A.), refd to. [para. 67].

R. v. Paterson (D.R.) (2001), 149 B.C.A.C. 56; 244 W.A.C. 56; 2001 BCCA 11, refd to. [para. 67].

R. v. Bengy (K.), [2012] O.T.C. Uned. 4463; 2012 ONSC 4463, refd to. [para. 68].

R. v. Brake (Z.Q.), [2012] N.S.R.(2d) Uned. 243; 2012 NSSC 372, refd to. [para. 68].

R. v. Chareka (P.), [2013] N.S.R.(2d) Uned. 236; 2013 NSSC 320, refd to. [para. 68].

R. v. Feng (D.L.), [2012] B.C.T.C. Uned. 2082; 2012 BCSC 2082, refd to. [para. 68].

R. v. Hardy (J.D.) (2012), 317 N.S.R.(2d) 228; 1003 A.P.R. 228; 2012 NSSC 209, refd to. [para. 68].

R. v. Kringuk, 2012 NUCJ 20, refd to. [para. 68].

R. v. Laffin (S.E.), [2013] N.S.R.(2d) Uned. 94; 2013 NSSC 135, refd to. [para. 68].

R. v. Lalonde (D.L.), [2013] B.C.T.C. Uned. 1349; 2013 BCSC 1349, refd to. [para. 68].

R. v. Laxon (S.R.), [2012] B.C.T.C. Uned. 1664; 2012 BCSC 1664, refd to. [para. 68].

R. v. MacLeod (C.M.), [2013] N.S.R.(2d) Uned. 93; 2013 NSSC 137, refd to. [para. 68].

R. v. Pandurevic (M.), [2013] O.T.C. Uned. 3323; 2013 ONSC 3323, refd to. [para. 68].

R. v. Pattison (G.M.), [2011] B.C.T.C. Uned. 1603; 2011 BCSC 1603, refd to. [para. 68].

R. v. Reeves (R.A.V.), [2011] B.C.T.C. Uned. 821; 2011 BCSC 821, refd to. [para. 68].

R. v. Robinson (C.J.), [2013] B.C.T.C. Uned. 772; 2013 BCSC 772, refd to. [para. 68].

R. v. Shields (R.G.), [2013] B.C.T.C. Uned. 1485; 2013 BCSC 1485, refd to. [para. 68].

R. v. Tan (K.B.), [2011] B.C.T.C. Uned. 595; 2011 BCSC 595, refd to. [para. 68].

R. v. Yliruusi (A.J.), [2011] B.C.T.C. Uned. 268; 2011 BCSC 268, refd to. [para. 68].

Counsel:

Darrell Martin, Senior Crown Counsel;

Luke Craggs, for the accused.

This matter was heard on January 9, 2014, at Halifax, N.S., before Rosinski, J., of the Nova Scotia Supreme Court, who rendered a decision orally on January 9, 2014, with the following written decision filed on January 15, 2014.