R. v. Boudreau (P.P.), 2009 NSSC 30

• Judge: Stewart, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: January 30, 2009
• Jurisdiction: Nova Scotia
• Citations: 2009 NSSC 30;(2009), 274 N.S.R.(2d) 315 (SC)

R. v. Boudreau (P.P.) (2009), 274 N.S.R.(2d) 315 (SC);

    874 A.P.R. 315

MLB headnote and full text

Temp. Cite: [2009] N.S.R.(2d) TBEd. FE.040

Her Majesty the Queen v. Penny Patricia Boudreau

(CRBW-08-302992; 2009 NSSC 30)

Indexed As: R. v. Boudreau (P.P.)

Nova Scotia Supreme Court

Stewart, J.

January 30, 2009.

Summary:

An accused pled guilty to second degree murder in the death of her 12 year old daughter. Counsel submitted a joint recommendation of mandatory imprisonment for life and a parole ineligibility of 20 years.

The Nova Scotia Supreme Court held that the joint recommendation was a fit sentence.

Criminal Law - Topic 5655

Punishments (sentence) - Imprisonment and parole - Term of imprisonment - General - The Nova Scotia Supreme Court discussed the general principles governing fixed-term sentences and parole ineligibility under the Criminal Code - See paragraphs 5 to 10.

Criminal Law - Topic 5666

Punishments (sentence) - Imprisonment and parole - Parole - General - [See Criminal Law - Topic 5655 ].

Criminal Law - Topic 5669

Punishments (sentence) - Imprisonment and parole - Parole - Considerations - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - An accused pled guilty to second degree murder in the death of her 12 year old daughter - Counsel submitted a joint recommendation of mandatory imprisonment for life and a parole ineligibility of 20 years - The Nova Scotia Supreme Court held that the 20 year period of parole ineligibility was within an acceptable range, on a consideration of the factors to be taken into account under s. 745.4 of the Criminal Code; namely, the accused's character, the nature of the offence and the circumstances surrounding the offence - The accused (34) had no prior criminal record - Nothing explained or mitigated her conduct - Remorse flowed from having an "overwhelming" case against her - The offence was an "unprovoked vicious killing" by strangulation with twine, out of a "selfish desire to guarantee a love life that had no room for a child" - Victim impact statements spoke to the "profound effect" on the child's family, including her father - On the side of mitigation, the accused pled guilty - See paragraphs 10 to 22.

Criminal Law - Topic 5813

Sentencing - Sentencing procedure and rights of the accused - Plea bargain or joint submission - Effect of - [See Criminal Law - Topic 5670 ].

Criminal Law - Topic 5839

Sentencing - Considerations - Parole and parole legislation - [See Criminal Law - Topic 5655 ].

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - An accused pled guilty to second degree murder in the death of her 12 year old daughter - Counsel submitted a joint recommendation of mandatory imprisonment for life and a parole ineligibility of 20 years - The Nova Scotia Supreme Court sentenced the accused to imprisonment for life and held that the 20 year joint submission was within an acceptable range and was a fit sentence - The paramount sentencing objectives in the case were denunciation, retribution, deterrence, promotion of a sense of responsibility and acknowledgment of harm - "There is a need to express society's denunciation and abhorrence while bearing in mind the criminal law is not an instrument of vengeance but of retribution which requires the imposition of a just and appropriate punishment and nothing more" - See paragraph 9.

Cases Noticed:

R. v. MacIvor (R.M.) (2003), 215 N.S.R.(2d) 344; 675 A.P.R. 344; 2003 NSCA 60, refd to. [para. 3].

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; 102 C.C.C.(3d) 193, refd to. [para. 6].

R. v. Doyle (1991), 108 N.S.R.(2d) 1; 294 A.P.R. 1 (C.A.), refd to. [para. 6].

R. v. Mitchell (1987), 81 N.S.R.(2d) 57; 203 A.P.R. 57; 39 C.C.C.(3d) 141 (C.A.), refd to. [para. 21].

R. v. Johnson (W.D.) (2001), 196 N.S.R.(2d) 267; 613 A.P.R. 267; 2001 NSSC 119, affd. (2004), 225 N.S.R.(2d) 22; 713 A.P.R. 22; 2004 NSCA 91, refd to. [para. 21].

R. v. Dewald (T.O.) (2001), 144 O.A.C. 352, refd to. [para. 21].

Statutes Noticed:

Criminal Code, R.S.C. 1985, c. C-46, sect. 745, sect. 745.4 [para. 5].

Counsel:

Paul Scovil, Crown Attorney;

Denise Smith, Chief Crown Attorney;

J. Patrick Atherton, defence counsel.

The joint recommendation as to sentence was heard and considered on January 30, 2009, at Bridgewater, Nova Scotia, by Stewart, J., of the Nova Scotia Supreme Court, who delivered the following decision, orally.