Summary

40084

His Majesty the King v. Maurio Salehi

(British Columbia) (Criminal) (By Leave)

Keywords

Criminal law — Sentencing — Parole eligibility — What are the appropriate factors for a sentencing judge to consider in determining whether a period of parole ineligibility of longer than 10 years should be awarded for an individual convicted of two counts of second degree murder? — In particular, what weight should be given to evidence of the offender’s health? — What is the appropriate standard of appellate review of such an order? — In particular, was the Court of Appeal’s intervention in this case justified?

Summary

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

The respondent stabbed his former domestic partner, and her boyfriend. The victims both died. The respondent pled guilty to two counts of second degree murder. The respondent tendered evidence at his sentencing about his Parkinson’s disease. The respondent was sentenced to life imprisonment without eligibility for parole for 20 years. At the Court of Appeal, the respondent successfully applied to adduce fresh evidence of the progression of his Parkinson’s disease. The Court of Appeal allowed the sentence appeal. The respondent was sentenced to life imprisonment without eligibility for parole for 15 years.

Lower Court Rulings

May 3, 2019
Supreme Court of British Columbia

CA46319
Sentence imposed: life imprisonment without eligibility for parole for 20 years
January 4, 2022
Court of Appeal for British Columbia (Vancouver)

2022 BCCA 1, CA46319
Sentence appeal allowed and parole eligibility varied: life imprisonment without parole eligibility for 15 years