R. v. Leggette (B.) et al., (2015) 358 N.S.R.(2d) 378 (SC)

• Judge: Arnold, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: April 29, 2015
• Jurisdiction: Nova Scotia
• Citations: (2015), 358 N.S.R.(2d) 378 (SC);2015 NSSC 134

R. v. Leggette (B.) (2015), 358 N.S.R.(2d) 378 (SC);

    1131 A.P.R. 378

MLB headnote and full text

Temp. Cite: [2015] N.S.R.(2d) TBEd. MY.006

Her Majesty the Queen v. Blake William David Leggette and Victoria Lea Henneberry

(Hfx. No. 430128; 2015 NSSC 134)

Indexed As: R. v. Leggette (B.) et al.

Nova Scotia Supreme Court

Arnold, J.

April 29, 2015.

Summary:

Leggette and Henneberry owed rent money to the victim. When the victim came to their apartment to collect, Leggette knocked her unconscious and suffocated her. Leggette pled guilty to first degree murder. Henneberry pled guilty to second degree murder.

The Nova Scotia Supreme Court sentenced Leggette and Henneberry to the mandatory sentence of life imprisonment. Leggette's period of parole ineligibility was the mandatory 25 years. The court accepted a joint sentencing submission, setting Henneberry's period of parole ineligibility at 10 years.

Editor's Note: For related decisions, see (2014), 348 N.S.R.(2d) 350; 1100 A.P.R. 350; (2015), 358 N.S.R.(2d) 328; 1131 A.P.R. 328; (2014), 358 N.S.R.(2d) 264; 1131 A.P.R. 264, and (2014), 358 N.S.R.(2d) 274; 1131 A.P.R. 274.

Criminal Law - Topic 5670

Punishments (sentence) - Imprisonment and parole - Parole - Period of ineligibility (incl. jury recommendation) - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5830.4

Sentencing - Considerations on imposing sentence - Guilty plea - [See Criminal Law - Topic 5881 ].

Criminal Law - Topic 5881

Sentence - Murder (includes attempts) - Leggette and Henneberry owed rent money to the victim - When the victim came to their apartment to collect, Leggette choked her, knocked her unconscious and suffocated her - Leggette pled guilty to first degree murder - Henneberry pled guilty to second degree murder - The Nova Scotia Supreme Court sentenced Leggette and Henneberry to life imprisonment - Leggette's period of parole ineligibility was the mandatory 25 years - The court accepted a joint sentencing submission, setting Henneberry's period of parole ineligibility at 10 years - Leggette was the person who physically murdered the victim - Henneberry knew about the plan and was involved both before and after the fact - The agreed statement of facts described Henneberry's more limited involvement, supporting her second degree murder plea - Noting that this was a "true negotiated guilty plea", the court indicated that the joint submission was an appropriate disposition - The time period for the parole ineligibility began on the date of arrest.

Cases Noticed:

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. 9].

R. v. Hawkins (H.J.) (2011), 298 N.S.R.(2d) 53; 945 A.P.R. 53; 2011 NSCA 7, refd to. [para. 16].

R. v. Beaver (R.M.) (2014), 339 N.S.R.(2d) 204; 1073 A.P.R. 204; 2014 NSSC 10, refd to. [para. 18].

Counsel:

Christine Driscoll and Sean McCarroll, for the Provincial Crown;

Terrance Sheppard, for Mr. Leggette;

J. Patrick Atherton, for Ms. Henneberry.

This matter was heard and determined at Halifax, N.S., on April 29, 2015, by Arnold, J., of the Nova Scotia Supreme Court, who delivered the following written decision on May 6, 2015.