SENTENCING - Weapons offences - Attempted murder - Particular sanctions

Law360 Canada (November 30, 2022, 6:36 AM EST) -- Appeal by Botticelli from 15-year global sentence following his conviction for two counts of attempted murder, two counts of discharging firearm with intent to wound, and six counts involving firearm offences. The victims of the two attempted murders were Botticelli’s brother and sister-in-law, Tonino and Candace. They were both shot by Botticelli with a shotgun at close range. Both survived with significant emergency and ongoing medical intervention, including long periods of medically-induced coma and multiple surgeries. The devastating consequences of Botticelli’s offences were detailed in victim impact statements provided by Tonino and Candace. Tonino was in a coma for five weeks, hospitalized for three months. Candace was also in an induced coma for a long period, hospitalized for 30 weeks. They both remained traumatized and suffered ongoing physical and psychological injuries as well financial loss. Botticelli denied the offences, except for knowledge of the Colt handgun in his bedroom. He submitted, among other grounds, that the sentencing judge erred in principle in assessing his moral culpability by giving insufficient weight to his mental health history as a mitigating factor and failing to consider rehabilitation....
LexisNexis® Research Solutions

Related Sections