The B.C. Supreme Court has found a section of the Criminal Code unconstitutional because it treats all offenders convicted of first-degree murder the same, regardless of the number of people they kill.

The court ruled in a decision released this week that the code香蕉视频直播檚 provision requiring first-degree murderers be sentenced to 25 years in prison before being eligible for parole violated Charter guarantees against cruel and unusual punishment.

The case involves the murder of Caroline Bernard who was beaten to death with a baseball bat by her former partner Luciano Mariani while in her Bowser, B.C., home on Vancouver Island.

Mariani pleaded guilty to first-degree murder in June 2023, but he challenged the law requiring him to serve 25 years before being eligible for parole.

The BC Prosecution Service says in a written statement that the law could still be 香蕉视频直播渟aved香蕉视频直播� by the Charter香蕉视频直播檚 reasonable limits clause, but a hearing has not been set.

Justice David Crossin香蕉视频直播檚 ruling says that Canada香蕉视频直播檚 so-called 香蕉视频直播渇aint hope香蕉视频直播� regime had been overhauled in the last three decades, but amendments to the code in 2011 prohibited offenders from 香蕉视频直播渁pplying for a reduction in their parole ineligibility period.香蕉视频直播�

Crossin香蕉视频直播檚 ruling says those changes meant that people convicted of killing one person receive the same sentence as those who kill multiple people, and the 香蕉视频直播減rinciple of proportionality demands that offenders that have victimized one person receive a different sentence.香蕉视频直播�

The judge found the 香蕉视频直播渕oral culpability香蕉视频直播� and 香蕉视频直播済ravity香蕉视频直播� of the offence of mass murder or serial murders is significantly different to offenders who commit 香蕉视频直播渁 single offence.香蕉视频直播�

The ruling outlines how Mariani planned to kill Bernard for months, evidently in response to her having an abortion after becoming pregnant early on in their relationship.

The man used the internet to plan the murder, searching for terms including 香蕉视频直播渨hen you wanna kill your ex,香蕉视频直播� 香蕉视频直播淚 can香蕉视频直播檛 believe you made me kill you,香蕉视频直播� 香蕉视频直播渢ime needed to kill someone with a baseball bat,香蕉视频直播� and 香蕉视频直播渨hat to do if you believe an eye for an eye and your child was killed.香蕉视频直播�

Mariani broke into Bernard香蕉视频直播檚 home on Aug. 31, 2021, and beat her with a baseball bat while she was asleep, and the ruling says the 香蕉视频直播済hastly scene香蕉视频直播� was discovered by her young daughter.

Bernard died en route to hospital, and Mariani went to a park and tried to take his own life, but after failing, he approached a road construction worker and admitted to killing his girlfriend, telling the worker to call police.