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    Thirteen years with no chance of parole, judge rules

    A woman who planned and watched the killing of a man she thought was coming after her must serve 13 years of her life sentence in prison before she can apply for parole.

    B.C. Supreme Court Justice Robert Powers imposed the longer than required period of parole ineligibility on Ruby Harry Friday, splitting the difference between the Crown request for 14 years and the defence plea for 12 years.

    Harry, 42, pleaded guilty Thursday to the second-degree murder of Gary Wade Cavanagh, who was shot once in the head in his North Shore travel trailer Oct. 29, 2006.

    Harry did not pull the trigger, Justice Powers noted, but got the rifle and put together the crude plan that ended with Cavanagh’s death.

    Corbin Bob fired the fatal bullet from a .270-calibre rifle as the victim stood in the doorway, having answered Harry’s knock. He pleaded guilty to manslaughter and was sentenced to 12 years in jail.

    Both Harry and Bob were charged with first-degree murder. The Crown agreed to accept the lesser pleas largely because both of them were high on cocaine and alcohol at the time.

    Justice Powers agreed the killing was particularly brutal. It was made worse by the fact Harry pre-planned portions of it.

    Despite that, Powers said he gave Harry a “bit of a break,” mostly because it’s possible her difficult childhood led to her later drug use and the problems addiction caused.

    Harry was sexually and physically abused for years by a particularly nasty uncle, the court said. She co-operated with police who investigated the man, which led to her being ostracized by her family and reserve.

    Powers said the woman’s background is not justification nor excuse for what happened, but perhaps somewhat of an explanation.

    “Her behaviour is not something civilized society can tolerate,” the judge said.


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    Comments

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    factchecker21 says...

    While I don't think EITHER of these two received a long enough sentence, I would like to know why their sentences were longer than the man who lit his mom on fire.

    There is something wrong here.

    Posted on March 22, 2010 @ 3:44 pm PST | Report post to Editor | 3509675 

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    saywhat says...

    Perhaps Sacha73, but there sure seems to be a lot of these mitigating circumstances in our courts these days.

    Posted on March 21, 2010 @ 8:21 pm PST | Report post to Editor | 3509506 

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    Sacha73 says...

    Hey, noidear...read the article. Harry pled to SECOND DEGREE MURDER, not manslaughter. As for "since when does being high on alcohol and drugs excuse 1st degree murder"? Since just about the beginning of time, as intoxication has always been a defence for any specific intent crime. So before you ramble off next time, how about you both read the article and do a little research.

    Stormbringer...you should do a little research too. Harry received a LIFE SENTENCE, with no chance of parole for 13 years. That means she can't get out for 13 years. No sooner. Moreover, she may NEVER get out, if the Parole Board determines she is too high of a risk. As for Bob, he can't get out in 2.5 because he was convicted of a violent crime. He may also never get out early, for the same reasons.

    Finally, without knowing what happened in this case, there may have been very good reason for the Crown to accept lesser pleas, i.e. weaknesses in the case etc. That decision could have been based on an assessment that this was the likely result after a trial anyway (thereby saving the taxpayers the cost of a lengthy jury trial) or on a determination there could have been a chance of an outright acquittal. These are things that are pretty easy to armchair quarterback without knowing the back story.

    Posted on March 21, 2010 @ 3:03 pm PST | Report post to Editor | 3509489 

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    StormBringer says...

    Oh PUHLEASSSSE!!! Is it Worth it to Just Kill Some one you don't like or want around?? Or Justice System is WAY Overdue for an Overhaul! High on Drugs....Past Abuse Suffered etc...whatever!! Not a Factor in Killing Some one else! Is the Simple act of what is done to be addressed! MURDER...12 years, out in 7; or 5 years, out in 2 1/2 pffft!!!! 12 years is not enough for shoooting some one in the head!

    Posted on March 20, 2010 @ 1:31 pm PST | Report post to Editor | 3509416 

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    noidear says...

    So they plan and carry out this guy's murder and they both get to plead to manslaughter. Since when does being high on alcohol and drugs excuse 1st degree murder? I don't know, some of these judges/sentences are pretty lenient these days...

    Posted on March 20, 2010 @ 8:48 am PST | Report post to Editor | 3509377 

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    Grouchy says...

    Since when is being high an excuse to accept lower pleas ? What is our justice system coming to ( maybe it's already there ) ? This is a joke and it gets played on us everyday.

    Posted on March 20, 2010 @ 8:45 am PST | Report post to Editor | 3509375 

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