Danny Wayne Lalumiere v. Her Majesty the Queen

(Ontario) (Criminal) (By Leave)




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Charter of Rights – Criminal law – Trial – Trial fairness – Sections 8 and 24(2) of the Charter – Search and Seizure – Criminal law – Evidence – Fresh evidence – Whether there are issues of public importance raised – Charter, ss. 8, 24(2).

The applicant was in prison when he agreed to pay $5000 to an undercover police officer to have him kill his ex-wife and her partner. He was in prison serving a sentence for threatening his ex-wife and violating court orders imposed to protect her. The applicant was convicted of two counts of counselling to commit murder and was sentenced to life imprisonment. The Court of Appeal dismissed his conviction appeal, but allowed his sentence appeal and reduced his sentence to 16-years followed by 10 years supervision.

Lower Court Rulings

January 15, 2009
Ontario Superior Court of Justice

CJ 6482, C51071
Conviction for two counts of counsel to commit first degree murder
December 23, 2011
Court of Appeal for Ontario

C51071, 2011 ONCA 825
Appeal dismissed