Saturday, November 14, 2009

Life loophole for killer

This is the sort of story that embarrasses the law; Joe Warmington is right.

Defence counsel was totally right to rely on the law and Crown was right to apply it. But ... this should be First Degree Murder -- and the legislation should reflect that.

I have long said we need thorough criminal justice reform but here is a specific fix that's needed.


Life loophole for killer
JOE WARMINGTON


http://m.torontosun.com/11743166.1

BRAMPTON -- You hear the one about the guy who shot to death an innocent man but won't be tried for first-degree-murder thanks to a technicality that creates difficulty for the Crown to prove the act was premeditated?

Instead, already on a firearms ban and on parole for gun offences, 24-year-old Andre Bourne pleaded guilty yesterday before Mr. Justice Thomas Dunn to the more lenient charge of second-degree murder for the gutless gunning down of Ronell Williams on Sept. 9, 2007 outside a birthday party on Salisbury Circle in Brampton.

The Crown's hands were tied since the way the criteria to gain a first-degree-murder conviction is written, it would have made the prospect of a conviction risky.

Instead, the Crown has accepted second-degree and is now going for a stiff sentence.

Still, it was Christmas Day for Bourne who may now actually get a third chance at freedom!

There will be no more chances for 27-year-old Chrysler worker Williams. The six shots that tore into him took care of his future
James Morton
1100-5255 Yonge Street
Toronto, Ontario
M2N 6P4

416 225 2777

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