Does a judge have the power to increase parole ineligibility beyond the minimum 10-year minimum term?

New Brunswick, Canada


The following excerpt is from R v. Dennis James Oland, 2016 NBQB 43 (CanLII):

Whether to increase parole ineligibility beyond the minimum 10 years is a case specific exercise of judicial discretion (R v. Shropshire, infra); the Criminal Code directing the judge to have regard “to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and to the recommendation, if any, made by the jury” (s. 745.4). In this case the jury unanimously recommended 10 years (See: s. 745.2).

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