# Robert "Willy" Pickton guilty.

**URL:** <https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412>\
**Category:** Miscellaneous and Personal Stuff I Must Share\
**Created:** [December 9, 2007, 8:23pm UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412 "2007-12-09T20:23:30Z")\
**Posts on this page:** 9\
**Page:** 2

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [December 11, 2007, 11:54pm UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/21 "2007-12-11T23:54:09Z")

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He’s not been sentenced yet, correct? The judge can still sentence him to life with eligibility for parole after 25 years, which is exactly what he would have gotten had he been found guilty of first-degree murder, right?

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**Author:** ![Northern\_Piper](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/northern_piper/32/5304_2.png) [@Northern\_Piper](https://boards.straightdope.com/u/Northern_Piper)\
**Post date:** [December 12, 2007, 12:25am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/22 "2007-12-12T00:25:13Z")

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Right on both points. He’s not been sentenced yet - the judge heard the victim impact statements today, from 18 family members. I assume legal submissions from counsel follow tomorrow.

The judge has the discretion to increase the parole ineligibility period to up to 25 years, as set out in [s. 754.4](http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_XXIII::bo-ga:l_XXIV//en?page=16&isPrinting=false#codese:745_4) of the _Criminal Code_:

> [@](#):
>
> \*\*Ineligibility for parole
> 
> 745.4\*\* Subject to section 745.5, at the time of the sentencing under section 745 of an offender who is convicted of second degree murder, 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 to the recommendation, if any, made pursuant to section 745.2, by order, substitute for ten years a number of years of imprisonment (being more than ten but not more than twenty-five) without eligibility for parole, as the judge deems fit in the circumstances.

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**Author:** ![Muffin](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/muffin/32/4341_2.png) [@Muffin](https://boards.straightdope.com/u/Muffin)\
**Post date:** [December 12, 2007, 1:17am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/23 "2007-12-12T01:17:39Z")

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Because he is a multiple murderer, he won’t be able to make a run at the faint hope clause (judicial review of length of period of parole ineligibility) if the judge extends parole ineligibility to past 15 years: [http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l\_XXIII::bo-ga:l\_XXIV//en?page=16&isPrinting=false#codese:745\_6](http://laws.justice.gc.ca/en/ShowDoc/cs/C-46/bo-ga:l_XXIII::bo-ga:l_XXIV//en?page=16&isPrinting=false#codese:745_6)

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**Author:** ![Rick](https://avatars.discourse-cdn.com/v4/letter/r/9f8e36/32.png) [@Rick](https://boards.straightdope.com/u/Rick)\
**Post date:** [December 12, 2007, 1:32am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/24 "2007-12-12T01:32:40Z")

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[QUOTE=Spoons]  
According to tonight’s Global National report, the prosecution witnesses indicated Pickton was the murderer, but could offer little as to whether the murders were “planned and deliberate,” as is required for first-degree murder the _Criminal Code_. I’m going to conjecture here, but maybe the Crown felt it was safer to go for “Pickton did it,” rather than trying for (and possibly failing at) “Pickton planned to do it and did it deliberately.”  
[/QUOTE]

Can someone explain that a bit more? Six women dead, and only 2nd degree? I was a jury foreman in the US on a murder trail, and the tie-breaker between 1st and 2nd degree murder was pre-mediation. If there was pre-mediation, it was 1st degree, no pre-mediation 2nd.  
OK, using that standard, I could see the jury going with 2nd degree for the first or maybe the first and second killings. But somewhere along the line, oh maybe after the 4th or 5th murder, if you were on the jury won’t you be saying, ya know, I think that just maybe he might have thought about this one ahead of time?  
Or is the standard in Canada different?

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**Author:** ![Rysto](https://avatars.discourse-cdn.com/v4/letter/r/ecccb3/32.png) [@Rysto](https://boards.straightdope.com/u/Rysto)\
**Post date:** [December 12, 2007, 2:56am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/25 "2007-12-12T02:56:51Z")

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[And there we are.](http://www.cbc.ca/canada/british-columbia/story/2007/12/11/bc-picktonsentencing.html) Pickton has been given the maximum punishment life imprisonment with no possibility of parole for 25 years. Given that he’s been convicted of 6 murders, that really was the only sentence the judge could give IMO.

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**Author:** ![RickJay](https://avatars.discourse-cdn.com/v4/letter/r/bb73d2/32.png) [@RickJay](https://boards.straightdope.com/u/RickJay)\
**Post date:** [December 12, 2007, 3:49am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/26 "2007-12-12T03:49:31Z")

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[QUOTE=Rysto]  
[And there we are.](http://www.cbc.ca/canada/british-columbia/story/2007/12/11/bc-picktonsentencing.html) Pickton has been given the maximum punishment life imprisonment with no possibility of parole for 25 years.  
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If anyone wants to make the bet now I will plunk down one hundred thousand dollars Pickton doesn’t get parole in 25 years. I mean, it just didn’t make any difference. They are not letting him out.

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**Author:** ![Gorsnak](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/gorsnak/32/7587_2.png) [@Gorsnak](https://boards.straightdope.com/u/Gorsnak)\
**Post date:** [December 12, 2007, 4:11am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/27 "2007-12-12T04:11:23Z")

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[QUOTE=Rick]  
Can someone explain that a bit more? Six women dead, and only 2nd degree? I was a jury foreman in the US on a murder trail, and the tie-breaker between 1st and 2nd degree murder was pre-mediation. If there was pre-mediation, it was 1st degree, no pre-mediation 2nd.  
OK, using that standard, I could see the jury going with 2nd degree for the first or maybe the first and second killings. But somewhere along the line, oh maybe after the 4th or 5th murder, if you were on the jury won’t you be saying, ya know, I think that just maybe he might have thought about this one ahead of time?  
Or is the standard in Canada different?  
[/QUOTE]

From what I can tell (disclaimer: I haven’t been following this terribly closely, no stomach for the details) the defense succeeded in raising doubt in the jury’s mind that Pickton was the sole actor in these crimes, raising the possibility that the premeditation was on the part of Pickton’s brother or whoever the other party was. I don’t believe it’s at all likely that there was anyone else involved, and I suspect that the jury doesn’t think it to be very likely either, just possible enough to raise reasonable doubt on that element.

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**Author:** ![NBYodo](https://avatars.discourse-cdn.com/v4/letter/n/a9a28c/32.png) [@NBYodo](https://boards.straightdope.com/u/NBYodo)\
**Post date:** [December 12, 2007, 1:24pm UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/28 "2007-12-12T13:24:08Z")

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What’s going on with this guy’s brother? Are they going to charge him too? Or does he say he knows nothing about it?

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**Author:** ![Barbarian](https://avatars.discourse-cdn.com/v4/letter/b/e19adc/32.png) [@Barbarian](https://boards.straightdope.com/u/Barbarian)\
**Post date:** [December 16, 2007, 4:00am UTC](https://boards.straightdope.com/t/robert-willy-pickton-guilty/429412/29 "2007-12-16T04:00:22Z")

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His brother (and the rest of his family) have always denied knowing anything about Willie’s murderous ways.  
IIRC, when Willie was first arrested his sister did just about everything but deny she was related to him.

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