Case information

Criminal law — Sentencing — New trial — Accused convicted of second degree murder — Joint recommendation of parties on sentencing — First sentencing judge imposing sentence of life imprisonment, with no eligibility for parole for 12 years — Court of Appeal allowing accused’s appeal from guilty verdict — At end of second trial, second sentencing judge still imposing sentence of life imprisonment, but with no eligibility for parole for 14 years — Court of Appeal allowing accused’s appeal and varying sentence to restore original period of 12 years with no eligibility for parole — Whether Quebec Court of Appeal erred in law in finding that second judge could not impose period with no eligibility for parole that was longer than that imposed at end of first trial.

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.

(PUBLICATION BAN IN CASE)

Following a first jury trial, the respondent, Patrick Dussault, was convicted of second degree murder. The sentencing judge imposed a sentence of life imprisonment, with no eligibility for parole for 12 years, following a joint recommendation of the parties on the sentence. The Quebec Court of Appeal allowed an appeal by Mr. Dussault from the guilty verdict and ordered a new trial.

At the end of the second jury trial, in which Mr. Dussault was still convicted of second degree murder, a second sentencing judge imposed a longer and more severe sentence — life imprisonment, with no eligibility for parole for 14 years. The Court of Appeal allowed Mr. Dussault’s sentence appeal and restored the original sentence (at the end of the first trial): sentence of life imprisonment, with no eligibility for parole for 12 years.