R. v. Hutchinson (C.K.), 2014 NSSC 155
| Judge | Cacchione, J. |
| Court | Supreme Court of Nova Scotia (Canada) |
| Case Date | April 28, 2014 |
| Jurisdiction | Nova Scotia |
| Citations | 2014 NSSC 155;(2014), 344 N.S.R.(2d) 186 (SC) |
R. v. Hutchinson (C.K.) (2014), 344 N.S.R.(2d) 186 (SC);
1089 A.P.R. 186
MLB headnote and full text
Temp. Cite: [2014] N.S.R.(2d) TBEd. MY.005
Her Majesty the Queen v. Christopher Kenneth Hutchinson
(CRH424091; 2014 NSSC 155)
Indexed As: R. v. Hutchinson (C.K.)
Nova Scotia Supreme Court
Cacchione, J.
April 29, 2014.
Summary:
The accused pleaded guilty to second degree murder in the stabbing death of a 33 year old mother of two young children. The accused and mother were involved in an intimate, but confrontational relationship. The murder was motivated by the accused's jealous rage. At issue was the appropriate period of parole ineligibility between the minimum 10 years and the maximum 25 years.
The Nova Scotia Supreme Court sentenced the accused to life imprisonment without eligibility for parole for 21 years.
Criminal Law - Topic 5670.4
Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility - The accused, in a jealous rage, killed the 33 year mother of two young children with whom he was having an intimate relationship - The mother was stabbed multiple times - The accused pleaded guilty to second degree murder in the face of overwhelming evidence of his guilt - The accused had 71 prior convictions, including 19 convictions for assaults, 13 for uttering threats and two for robbery - The convictions showed a pattern of repeated violence over the years, with increasing severity - The stabbing was not provoked or spontaneous - He had threatened the week before to kill her - No empathy or remorse was shown, as he told a friend that he did not feel bad about it and that she deserved it - Prospects for rehabilitation and reformation "are virtually non-existent" - The accused had no substance abuse issues and no employment history - This was a case of domestic abuse involving a breach of trust - The Crown recommended 15-17 years of parole ineligibility - The accused sought 12-15 years - The Nova Scotia Supreme Court sentenced the accused to life imprisonment without eligibility for parole for 21 years - The accused demonstrated a propensity for unprovoked explosive violent behaviour that posed a danger to the public - The periods of parole ineligibility proposed by both the accused and the Crown were not "sufficient to reflect the nature of this offence, the circumstances of its commission and the character of this accused".
Criminal Law - Topic 5831.9
Sentencing - Considerations on imposing sentence - Domestic violence - [See Criminal Law - Topic 5670.4 ].
Criminal Law - Topic 5832
Sentencing - Considerations on imposing sentence - Rehabilitation - [See Criminal Law - Topic 5670.4 ].
Criminal Law - Topic 5835
Sentencing - Considerations on imposing sentence - Protection of the public - [See Criminal Law - Topic 5670.4 ].
Criminal Law - Topic 5842
Sentencing - Considerations on imposing sentence - Previous criminal offences - [See Criminal Law - Topic 5670.4 ].
Criminal Law - Topic 5881
Sentence - Murder - [See Criminal Law - Topic 5670.4 ].
Cases Noticed:
R. v. Hawkins (H.J.) (2011), 298 N.S.R.(2d) 53; 945 A.P.R. 53 (C.A.), refd to. [para. 31].
R. v. Nash (A.W.) (2009), 340 N.B.R.(2d) 320; 871 A.P.R. 320; 2009 NBCA 7, leave to appeal refused (2009), 400 N.R. 387; 361 N.B.R.(2d) 400; 931 A.P.R. 400 (S.C.C.), refd to. [para. 33].
R. v. Smith (D.W.) (1986), 72 N.S.R.(2d) 359; 173 A.P.R. 359 (C.A.), refd to. [para. 37].
R. v. Johnson (W.D.) (2004), 225 N.S.R.(2d) 22; 713 A.P.R. 22 (C.A.), refd to. [para. 38].
R. v. Boudreau (P.P.) (2009), 274 N.S.R.(2d) 315; 874 A.P.R. 315 (S.C.), refd to. [para. 39].
R. v. Chareka (P.), [2013] N.S.R.(2d) Uned. 236; 2013 NSSC 320, refd to. [para. 40].
R. v. Hardy (J.D.) (2012), 317 N.S.R.(2d) 228; 1003 A.P.R. 228; 2012 NSSC 209, refd to. [para. 41].
R. v. Ward (S.C.) (2011), 307 N.S.R.(2d) 216; 975 A.P.R. 216; 2011 NSCA 78, refd to. [para. 42].
R. v. Borbely (I.C.), [2013] O.T.C. Uned. 3355 (Sup. Ct.), refd to. [para. 43].
R. v. McKnight (R.) (1999), 119 O.A.C. 364 (C.A.), refd to. [para. 44].
R. v. Purdy (K.K.) (2012), 323 B.C.A.C. 149; 550 W.A.C. 149 (C.A.), refd to. [para. 45].
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. 46].
Counsel:
Eric Taylor and Tanya Carter, for the Crown;
Patrick Atherton, for the accused.
This matter was heard on April 28, 2014, at Halifax, N.S., before Cacchione, J., of the Nova Scotia Supreme Court, whose oral decision dated April 29, 2014, was filed in writing on May 1, 2014.
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R. v. Butcher, 2020 NSCA 50
...(R. v. Doyle, 108 N.S.R. (2d) 1 (N.S.S.C., App. Div); R. v. Hales, 2014 NSSC 408 (joint recommendation and 21 years); R. v. Hutchinson, 2014 NSSC 155). [129] I do not find that Hales and Hutchinson are instructive in assessing the fitness of Mr. Butcher’s sentence. As I will explain, it is ......
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R. v. Sandeson,
...of his prior life that were noteworthy for their pro-social character. 57 In R. v. Hutchinson, 2014 NSSC 155, the victim was the mother of two young children who was stabbed to death by the accused with whom she was in an intimate relationship. He h......
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R. v. Hales (D.B.), 2014 NSSC 408
...the Parole Ineligibility period was raised from 13 to 17 years. [46] Other cases that have been presented to me include R. v. Hutchison 2014 NSSC 155, R. v. Wristen [1999] O.J. No. 4589, R. v. Getson 2011 NBQB 51 and R. v. Purdy 2007 BCCA 602. Cumulatively these cases support a conclusion t......
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R. v. Sylliboy,
...were noteworthy for their pro-social character. [57] In R. v. Hutchinson, 2014 NSSC 155, the victim was the mother of two young children who was stabbed to death by the accused with whom she was in an intimate relationship. He had ......
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R. v. Butcher, 2020 NSCA 50
...(R. v. Doyle, 108 N.S.R. (2d) 1 (N.S.S.C., App. Div); R. v. Hales, 2014 NSSC 408 (joint recommendation and 21 years); R. v. Hutchinson, 2014 NSSC 155). [129] I do not find that Hales and Hutchinson are instructive in assessing the fitness of Mr. Butcher’s sentence. As I will explain, it is ......
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R. v. Sandeson,
...of his prior life that were noteworthy for their pro-social character. 57 In R. v. Hutchinson, 2014 NSSC 155, the victim was the mother of two young children who was stabbed to death by the accused with whom she was in an intimate relationship. He h......
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R. v. Hales (D.B.), 2014 NSSC 408
...the Parole Ineligibility period was raised from 13 to 17 years. [46] Other cases that have been presented to me include R. v. Hutchison 2014 NSSC 155, R. v. Wristen [1999] O.J. No. 4589, R. v. Getson 2011 NBQB 51 and R. v. Purdy 2007 BCCA 602. Cumulatively these cases support a conclusion t......
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R. v. Sylliboy,
...were noteworthy for their pro-social character. [57] In R. v. Hutchinson, 2014 NSSC 155, the victim was the mother of two young children who was stabbed to death by the accused with whom she was in an intimate relationship. He had ......