Card 002: breach of the law “same crime, same sentence” — conspiracy to murder — one case, two accused · Ontario · he — 6 years, she — 3.5 years

He

• Case: R. v. Terpstra
• Citation: 2011 ONCA 500
• Court: Ontario Superior Court of Justice, jury, 28.06.2010; appeal — Court of Appeal for Ontario
• Date of decision: 2011-07-05
• Charge: counselling murder and conspiracy to murder
• Outcome: convicted
• Sentence: 6 years
• Facts: The same two offences, the same plan and the same jury as hers. The intended victim was his wife (para. 1).
• Decision: https://www.canlii.org/en/on/onca/doc/2011/2011onca500/2011onca500.html

She

• Case: R. v. Terpstra (co-accused Serrena Benninger)
• Citation: 2011 ONCA 500, para. 2
• Court: Ontario Superior Court of Justice, jury, 28.06.2010
• Date of decision: 2010-06-28
• Charge: counselling murder and conspiracy to murder
• Outcome: convicted
• Sentence: 3.5 years
• Facts: His girlfriend. Convicted by the same jury of the same two offences; she was the one who looked for the killer (paras. 1, 2).
• Decision: https://www.canlii.org/en/on/onca/doc/2011/2011onca500/2011onca500.html

Law

• same crime, same sentence — Criminal Code s. 718.2(b) — https://laws-lois.justice.gc.ca/eng/acts/c-46/section-718.2.html
• everyone is equal before the law and the courts — Charter s. 15 — https://laws-lois.justice.gc.ca/eng/const/page-12.html
• the same rights for men and women — Charter s. 28 — https://laws-lois.justice.gc.ca/eng/const/page-12.html

After

The Court of Appeal left the difference in place: he was the "prime mover", the victim was his wife, and he "used" his girlfriend (paras. 3–4). — https://www.canlii.org/en/on/onca/doc/2011/2011onca500/2011onca500.html