Former B.C. Lion convicted of murder should get 15 years of parole ineligibility: Crown
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The Crown is looking for to have a former B.C. Lion convicted of murdering his former girlfriend spend 15 years behind bars earlier than he’s eligible to use for parole.
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In November 2021, Josh Boden, 35, was discovered responsible of the March 2009 second-degree homicide of Kimberly Hallgarth, 33. Second-degree homicide carries a compulsory sentence of life in jail with no parole eligibility of between 10 and 25 years.
In sentencing submissions Thursday, Crown counsel Brendan McCabe stated that the extended and brutal nature of the homicide, and the “completely stunning” nature of the sufferer’s accidents, known as for a interval of 15 years of parole ineligibility.
“It was heinous within the excessive,” McCabe stated of the crime.
Justice Barry Davies, the trial decide who after the decision was unable to proceed with the case for causes that haven’t been disclosed, discovered that Boden was motivated partly by anger at Hallgarth over the lack of his soccer profession.
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The decide accepted the Crown idea that Boden killed Hallgarth after she despatched images of her accidents from a beating allegedly inflicted upon her by the previous receiver to the CFL crew.
Boden, who was 22 on the time of the offence and performed for the Lions for one 12 months in 2007-2008, was minimize from the crew after the home violence allegations surfaced.
Court docket heard that Boden went to Hallgarth’s Burnaby house after which stomped on her and choked her to loss of life. He then tried to stage the crime scene to appear like the sufferer had died by accident.
A number of sufferer impression statements had been learn in to courtroom, together with one from the sufferer’s daughter, who was three years outdated on the time of the offence. Hallgarth’s daughter, who was showing by video from one other location, advised the decide that the lack of her mom at a younger age had had a dramatic have an effect on on her life.
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“What extra can I say than that he took the world from me, took a chunk of my life that I can by no means get again,” stated the teenager. “It’ll endlessly be a ache in my coronary heart that I can by no means get to know her, to know what her favorite colors and songs had been. I’d give something to have the ability to speak to her only one final time. I’ll endlessly maintain her near my coronary heart and nobody can ever take that from me.”
In an uncommon transfer, Boden and his attorneys offered a report back to the courtroom detailing his upbringing in North Vancouver as a Black one who had been the sufferer of quite a lot of racist incidents.
McCabe advised B.C. Supreme Court docket Justice Arne Silverman, who has stepped in to take over the case and impose sentence, that regardless of being the sufferer of racism, Boden had not confirmed there was a hyperlink between these incidents and the homicide of his former girlfriend.
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Kevin Westell, a lawyer for Boden, advised the decide he accepted the context of the homicide was intimate associate violence.
Relating to the report detailing racism skilled by Boden throughout his upbringing, he stated the doc was meant to offer data relating to the accused’s background and his circumstances, and on how systemic racism could bear on his ethical culpability for the crime.
He stated whereas there is probably not a direct hyperlink between Boden’s early publicity to trauma and racism and the crime, there was a hyperlink between what he skilled and the context wherein he existed on the time of the offence.
Westell, who argued {that a} parole ineligibility interval of 12 years was extra applicable, stated that the brutality of the crime was not so hanging as to require the courtroom to boost the parole ineligibility interval to the extent sought by the Crown.
The decide stated he would impose sentence on June 24.
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