First-Degree Murder
R. v. N.C. | 2022 | HAMILTON
Our client was 15 years old when he was charged with first degree murder in relation to the death of a 17 year old boy. Client, the victim, and two friends were out joy riding when a gun in the hands of our client discharged, striking the victim in the head. The Crown theory was that the client and two of his friends were trying to rob the victim of his parent’s vehicle and shot him in the process. At the end of the preliminary hearing, the client was discharged of first degree murder and committed to stand trial on second degree murder. After the Crown tried but failed to have me disqualified as counsel for a conflict of interest (judgment linked below), we proceeded to two weeks of pretrial motions with a six week trial about to commence when the Crown finally accepted our offer of a plea to manslaughter, which I had put on the table two years earlier. The client of course accepted and was immediately released from custody on bail following his plea. His sentence, 5 days later, was one of 3 years with time already served. Sadly, and as a perfect example of how broken our justice system is, he actually spent an extra year in custody and the Court lost 6 full weeks of court time because the case resolved on the first day set for trial.