R. v. Larue, 2013 YKSC 70

SUPREME COURT OF YUKON Citation: R. v. Larue, 2013 YKSC 70 Date: 20130703 Docket S.C. No.: 10-01510 10-01510B Registry: Whitehorse BETWEEN: HER MAJESTY THE QUEEN AND: NORMAN ELI LARUE Before: Mr. Justice C.S. Brooker Appearances: David McWhinnie Bonnie Macdonald Raymond Dieno Counsel for the Crown Counsel for the Accused REASONS FOR SENTENCING DELIVERED FROM THE BENCH [ 1 ] BROOKER J. (Oral): Mr. Norman Eli Larue, you have been found guilty of first degree murder of Gordon Seybold.

The sentence prescribed by law for this offence is life imprisonment. [ 2 ] I have to say that this was a brutal and senseless murder. You invaded the sanctity of Mr. Seybold’s home and then killed him. [ 3 ] The law says that the sentence to be imposed upon you, Mr. Larue, and the sentence I do impose upon you is imprisonment for life without eligibility for parole until you have served 25 years of the sentence. [ 4 ] That, I believe, concludes the matter? [ 5 ] MR. MCWHINNIE: There is one additional matter, sir.

Under s. 745.01 there is an admonition or advice to be given to the defendant regarding his eligibility for the so-called faint hope clause after 15 years. This matter occurred just prior to the amendments that took that away, so he is still eligible and should have that advice given to him. [ 6 ] THE COURT: What is the section? [ 7 ] MR. MCWHINNIE: Seven forty-five point zero one, sir. [ 8 ] THE COURT: It requires a date be inserted. [ 9 ] MR. MCWHINNIE: By my calculations, sir, that should be July the 3rd of 2038. [DISCUSSION RE CORRECT DATE FOR S. 745.01] [ 10 ] THE COURT: It is 4 August, 2034, is it not?

[ 11 ] MR. DIENO: Correct. [ 12 ] THE COURT: At 15 years? [ 13 ] MR. MCWHINNIE: Oh, the eligibility. You’re right. The eligibility for parole, the first date, is 2034. He can apply 15 years from now, being -- [ 14 ] THE COURT: All right, Mr. Larue. The law says I must say these things: …for the record: The offender has been found guilty of first degree murder and sentenced to imprisonment for life. The offender is not eligible for parole until August 4, 2034.

However, after serving at least 15 years of the sentence, the offender may apply under s. 745.6 of the Criminal Code for a reduction in the number of years of imprisonment without eligibility for parole. If the jury hearing the application reduces the period of parole ineligibility, the offender may then make an application for parole under the Corrections and Conditional Release Act at the end of that reduced period. [ 15 ] That completes the matter. ________________________________ BROOKER J.