Verdict: GUILTY for both Millard and Smich of 1st degree murder #2

[andreww]

They can apply for parole in 2038 (source) which is 2013 + 25 years.

Not sure how a conviction for Babcock's murder will affect them. Will it be an additional 25 years (2063) before parole, or will it be concurrent with the Bosma prison time? If it's concurrent, having the two convictions will carry negative weight on their chance of getting parole once they're finally eligible for it.

Doesn't make sense. They've been in jail for three years already, so it would make more sense that they could apply for parol in 22 years or less.

 

[Dutchman]

 

[juridicus]

I was told our laws changed a while back. So say if DM is convicted of M1 for LB, he'd get an additional 25 years added before parole eligibility. So that would be 50 years before eligible. If he gets convicted of WM death, I believe that makes him a serial Killer and he won't see free life again.

If MS was to get say M2 for LB and gets a 15 year sentence, he'd be eligible in 2053.

My understanding is that the new law gives judges the discretion to give consecutive parole ineligibility periods for multiple murders, but doesn't require them to do so.

It's only been used 2 or 3 times so far, I think. The guy who killed 3 cops in Moncton got 75 years w/o parole, but the guy who killed his 3 coworkers in Edmonton (convicted of M1) was only given 40 years in total (though he pled guilty which is was mitigating factor).


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[CJPRINCESS]

Doesn't make sense. They've been in jail for three years already, so it would make more sense that they could apply for parol in 22 years or less.

That would be what billandrew posted...2013 plus 25yrs. 3 years is timed severed making 2038 the eligible parole year, which equals 22yrs from 2016.

 

[Inspector_North]

That would be what billandrew posted...2013 plus 25yrs. 3 years is timed severed making 2038 the eligible parole year, which equals 22yrs from 2016.

Since their sentence last week, they have served 6 days of their approx 193085 days.

MOO

 

[juridicus]

Since their sentence last week, they have served 6 days of their approx 193085 days.

MOO

No it starts counting from the day they went into custody, I think.


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[Inspector_North]

No it starts counting from the day they went into custody, I think.


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I subtracted 3 years from the total days, and approx 193085 was left. Sucks to be them. Like SB said, it was their actions that took their freedom away.

MOO

 

[Inspector_North]

Doesn't make sense. They've been in jail for three years already, so it would make more sense that they could apply for parol in 22 years or less.

The criminal lawyer who discussed the case on CBC said that if they are convicted of another murder, their chance of ever getting out of jail would most likely be 'zero'.

"GD: Life in prison with no parole eligibility for 25 years. Is that to be expected in a first degree murder charge?

RS: It's mandatory. That's what the Criminal Code says must be the sentence. It can't be greater, it can' be less. In the case of these men, they're also facing trial for more murder charges and if they're convicted, the likelihood of getting out of prison is zero. Millard is charged with killing a former girlfriend and Smich is charged as a co-accused in that murder. Millard also faces charges of murder in connection with the death of his father."

http://www.cbc.ca/news/canada/toronto/tim-bosma-lawyer-1.3641583


MOO

 

[juridicus]

I subtracted 3 years from the total days, and approx 193085 was left. Sucks to be them. Like SB said, it was their actions that took their freedom away.

MOO

Ah, I see. I didn't do the math... [emoji3]


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[marymcd]

There was an article out recently that was said the the spec had a pretty good source that she was also said to have been incinerated

So last known contact is July2/3, and the incinerator was delivered July 6. They still didn't know details about fuel requirements until July 9th. Is that time frame reasonable? Does anyone know when they stole the wood chipper? It was barely mentioned during the trial.

 

[deugirtni]

I was told our laws changed a while back. So say if DM is convicted of M1 for LB, he'd get an additional 25 years added before parole eligibility. So that would be 50 years before eligible. If he gets convicted of WM death, I believe that makes him a serial Killer and he won't see free life again.

If MS was to get say M2 for LB and gets a 15 year sentence, he'd be eligible in 2053.

I think it is more complicated than that. Perhaps one of our more legal types can chime in on this. First, I believe it is at the judge's discretion. Next, I'm not sure that that law applies unless the multiple murder victims are all from the same trial. And third, I'm not certain that when they're adding on the second sentence, that they add it on for the exact number of years. I have read it and I'm still confused.

The Ending Sentence Discounts for Multiple Murders Act became law in March 2011. It allows judges to impose consecutive parole ineligibility periods on offenders convicted of more than one first- or second-degree murder charge but does not make it mandatory.

http://o.canada.com/news/federal-government-to-consider-expanding-consecutive-sentencing

Apparently our new PM is overhauling the cruel punishment which our last PM had brought into effect.

 

[juridicus]

The criminal lawyer who discussed the case on CBC said that if they are convicted of another murder, their chance of ever getting out of jail would most likely be 'zero'.

That's really just speculation as the judge clearly has a lot of discretion, depending on what facts are proven. The Criminal Code states:

Ineligibility for parole — multiple murders

745.51 (1) At the time of the sentencing under section 745 of an offender who is convicted of murder and who has already been convicted of one or more other murders, the judge who presided at the trial of the offender or, if that judge is unable to do so, any judge of the same court may, having regard to the character of the offender, the nature of the offence and the circumstances surrounding its commission, and the recommendation, if any, made pursuant to section 745.21, by order, decide that the periods without eligibility for parole for each murder conviction are to be served consecutively.

Reasons

(2) The judge shall give, either orally or in writing, reasons for the decision to make or not to make an order under subsection (1).

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[Claroon]

I always wondered as well. And that is the side MM gets into when they pick her up.

 

[Claroon]

I was just thinking of DM being DEM. When I typed that into google, my search results suggested "Demon." Go figure.

 

[mimimic]

Interesting to re-read the prison letters now after verdicts. The sadistic in me is trying (a little bit) to find the wanting to be dad letter.

 

[Typhoo1961]

The guy that fell off the wing with only poor Dellen there to save him?

I've wondered about that one too.

 

[mimimic]

I was told our laws changed a while back. So say if DM is convicted of M1 for LB, he'd get an additional 25 years added before parole eligibility. So that would be 50 years before eligible. If he gets convicted of WM death, I believe that makes him a serial Killer and he won't see free life again.

If MS was to get say M2 for LB and gets a 15 year sentence, he'd be eligible in 2053.

Oh I soooo hope you're right!

 

[mimimic]

Thanks to all those that organize this site, I am so glad to have learned something from a civilized organization rather than the chaotic/mean ones out there. I wish I could have helped out a bit more with some better sleuth abilities. (not a detective here) surprise!I do appreciate the order of this site. If you are one of the "top dog" posters i suppose, you wouldn't have the time to post <modsnip> why it might be a waste of time for someone like me to add comments on here. I feel somewhat silly that i even tried. Although, I do wonder how I come across.(from your lame, uneducated alter ego) HI!! Rest assured in person,I am much better!! Down to earth, practical, funny and nice of course. Oh and really hot! lol. kidding
ALSO 90 ish days until the golf for TB if anyone wants to go...no pressure as, I have no prior affiliation&not even sure i am available, just looking to support and find out if there is ANY remotely interested. I am sure we could get a ladies and a men's foursome together, doesn't need to be professional, LETS do it!:hypno: :canada::grouphug::toast: first pic is to hypnotize you. could be fun and represent (don't worry i have no desire to be a real websleuther representative and would bough out graciously to the bigger players when needed. and i kept typing

 

[Claroon]

What if they had a body and were just waiting for the incinerator to arrive to dispose of it?

Wouldn't there be a lot of DNA left where the body was stored until it was incinerated?

Would the DNA confirm that the body was LB's, in the same way TB's DNA on the incinerator confirmed his death?

Well look at WM. Excused away. Other bodies could be made to look like suicide, or other. EGlass for instance, I'd look into her autopsy if I were LE. What about that girl that was found in Lake Ontario? And, most of all, why have a digger at the farm if you don't want to dig and bury something?

 

[Claroon]

I've wondered about that one too.

What was his name?