Second-Degree Murder x2 and Indignity to a body x2
R. v. J.W. | 2021 | ST. CATHARINES
My client, his sister, and his wife were all charged with the death of man and a woman that had been living in my clients basement. The Crown alleged that my client and his sister killed the couple with a hammer and then all three parties drove the bodies from St. Catharines to Haliburton were they were set on fire in an forest. The Crown proceeded separately accused all three accused in order to force each one to testify against the others. My client was committed to stand trial on the basis of his sister’s evidence alone (decision attached). Once all three accused were in Superior Court, the Crown joined them together. As a result, I brought an Application Arguing Abuse of Process, which found that the Crown did abuse their power and the evidence of each accused at the prelim was ruled inadmissible at trial. Three weeks before the trial was set to begin, realizing the significant weaknesses in their case, the Crown offered my client a plea to two counts of manslaughter for a total sentence of 6.5 years, less time already served. Out on bail for over a year at the time of sentencing, my client stepped in for what was a 3.5 year sentence on two bodies and will be back home in less than 2.