GUILTY Canada - Jessica Newman, 24, Calgary, 10 March 2015 #2

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And now for the bad news - the sentencing. My assumption has been that a second degree conviction plus pre-trial incarceration means that he's probably looking at about six years. I didn't know that he'd been stabbed in prison, or that this would factor into parole time. This is exactly why the prosecutor should have charged him with first degree murder, because there would at least be a chance that Rublenz would have a longer sentence.

“We’re intending to bring two Charter arguments with respect to the delay that it took to get to this trial,” said Brendan Miller, a member of Rubletz’s council. “We’re looking to have lower parole eligibility for that and, as well, there’s been some issues with his treatment in remand including being attacked several times and stabbed.”

http://calgary.ctvnews.ca/jury-finds-kevin-rubletz-guilty-of-second-degree-murder-1.3692099

He'll be back in society before his son is finished elementary school. I hope there's a least a chance that he will never have custody of his son.
 
deugirtni said:
Just random thoughts.

I would have been interested in hearing the judge's instructions to the jury before they started their deliberations.

It didn't take long for the jury to come to their unanimous verdict. "“Guilty,” juror No. 3 said, after the five men and six woman deciding Rubletz’s fate reached a decision after eight hours of deliberation."

A 'smirk' is kind of an odd reaction? "A small smirk creased the face of Kevin Rubletz as a jury Thursday evening found him guilty of second-degree murder in the brutal stabbing death of his ex-girlfriend."

I wonder if KR's mother and stepfather were present for the verdict, after having been put forward by the defence as the possible killers (or present during the trial, for that matter)?

Sad story all around.
Click to expand...

His mother, stepfather, and grandmother all participated in an effort to destroy the crime scene [van] the day after Jessica's body was found. I half believe that his mother participated in the defence theory of blaming her in an effort to confuse the jury on the basis that she knew there was no evidence of her participation in the murder ... only in the cover-up. I have no doubt that the relationship between the murderer and his mother is completely intact.
 
otto said:
His mother, stepfather, and grandmother all participated in an effort to destroy the crime scene [van] the day after Jessica's body was found. I half believe that his mother participated in the defence theory of blaming her in an effort to confuse the jury on the basis that she knew there was no evidence of her participation in the murder ... only in the cover-up. I have no doubt that the relationship between the murderer and his mother is completely intact.
Click to expand...

Motherly love is a good thing but anyone still covering up for a son in his 30s, he's never learned responsibility. I'm wondering if he has a prior record for assault type convictions, maybe even served time. Two things stand out as somewhat unusual about him, both considering his age --
1. and Alberta's robust economy for years prior to 2015, he appears to have virtually nothing, no home, no work vehicle, he's as dependent on his family as a kid out of high school.
2. and to stab somebody 75 times. I can accept the fact that people can "lose it" during domestic incidents but as a first-time incident, to happen to have a knife and then engage in that high level of bloody violence...that's just so way out there....

ETA 3. That he was beaten or stabbed while locked up awaiting trial may suggest he was 'known' aside from his current murder charges. I get the impression from people who I know who work in prisons, prisoner life involves a pass-time of forming little groupies who are always on the outs with one another, gang related or not.
 
MistyWaters said:
Motherly love is a good thing but anyone still covering up for a son in his 30s, he's never learned responsibility. I'm wondering if he has a prior record for assault type convictions, maybe even served time. Two things stand out as somewhat unusual about him, both considering his age --
1. and Alberta's robust economy for years prior to 2015, he appears to have virtually nothing, no home, no work vehicle, he's as dependent on his family as a kid out of high school.
2. and to stab somebody 75 times. I can accept the fact that people can "lose it" during domestic incidents but as a first-time incident, to happen to have a knife and then engage in that high level of bloody violence...that's just so way out there....

ETA 3. That he was beaten or stabbed while locked up awaiting trial may suggest he was 'known' aside from his current murder charges. I get the impression from people who I know who work in prisons, prisoner life involves a pass-time of forming little groupies who are always on the outs with one another, gang related or not.
Click to expand...

I think you are right in that there's no excuse for someone interested in the trades to be starting a career in his thirties, and at a time when the economy has stalled and jobs in the trades have dried up. He and Jessica lived in Red Deer for a couple of years. Perhaps he had work there ... perhaps they were couch surfing ... maybe Jessica was waitressing and supporting him?

She was lucky to be free of him, and it's very sad that at the moment when she was making a life for herself, he decided to destroy her.
 
otto said:
And now for the bad news - the sentencing. My assumption has been that a second degree conviction plus pre-trial incarceration means that he's probably looking at about six years. I didn't know that he'd been stabbed in prison, or that this would factor into parole time. This is exactly why the prosecutor should have charged him with first degree murder, because there would at least be a chance that Rublenz would have a longer sentence.

“We’re intending to bring two Charter arguments with respect to the delay that it took to get to this trial,” said Brendan Miller, a member of Rubletz’s council. “We’re looking to have lower parole eligibility for that and, as well, there’s been some issues with his treatment in remand including being attacked several times and stabbed.”

http://calgary.ctvnews.ca/jury-finds-kevin-rubletz-guilty-of-second-degree-murder-1.3692099

He'll be back in society before his son is finished elementary school. I hope there's a least a chance that he will never have custody of his son.
Click to expand...

Maybe that is what the smirk was about?
 
I think it's in the interest of the defence to delay sentencing as long as possible.

"Determination of sentence

(3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

Marginal note:Exception

(3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or the person was detained in custody under subsection 524(4) or (8)."

http://laws-lois.justice.gc.ca/eng/annualstatutes/2009_29/page-1.html

"Sentence: The minimum sentence is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years. The date of parole eligibility is at the judge's discretion."

http://www.cbc.ca/news/canada/murder-vs-manslaughter-1.1155132

He was arrested June 26, 2015. If he was sentenced on Jan. 12, 2018 [which is only the date to set a date for sentencing], he will have been in jail for 932 days. If his lawyer can successfully argue that being stabbed in prison represents an 'exception', time served will count as 1398 days. That means that instead of having served 2.5 years, he'll be credited for 3.8 years.

Typically, a second degree murder sentence for spousal homicide is 10 years. This means that Rublenz will be released in 2023 after serving a little over eight years.
 
otto said:
I think it's in the interest of the defence to delay sentencing as long as possible.

"Determination of sentence

(3) In determining the sentence to be imposed on a person convicted of an offence, a court may take into account any time spent in custody by the person as a result of the offence but the court shall limit any credit for that time to a maximum of one day for each day spent in custody.

Marginal note:Exception

(3.1) Despite subsection (3), if the circumstances justify it, the maximum is one and one-half days for each day spent in custody unless the reason for detaining the person in custody was stated in the record under subsection 515(9.1) or the person was detained in custody under subsection 524(4) or (8)."

http://laws-lois.justice.gc.ca/eng/annualstatutes/2009_29/page-1.html

"Sentence: The minimum sentence is life in prison with no parole for 10 years, but sentences can be as long as life in prison without parole for 25 years. The date of parole eligibility is at the judge's discretion."

http://www.cbc.ca/news/canada/murder-vs-manslaughter-1.1155132

He was arrested June 26, 2015. If he was sentenced on Jan. 12, 2018 [which is only the date to set a date for sentencing], he will have been in jail for 932 days. If his lawyer can successfully argue that being stabbed in prison represents an 'exception', time served will count as 1398 days. That means that instead of having served 2.5 years, he'll be credited for 3.8 years.

Typically, a second degree murder sentence for spousal homicide is 10 years. This means that Rublenz will be released in 2023 after serving a little over eight years.
Click to expand...

Just curious whether typical sentencing for spousal homicide is different between those who admit it and those who instead blame it on the parents, or others, ie not admit it?
 
deugirtni said:
Call me stupid, but I would have thought it would take just perhaps a bit longer to do the sentencing, as it would to SET a date, but now there are TWO more court appearances, just to get the sentence. Seems like a waste of already backlogged court time.
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I'm not sure, were you expecting the Judge to levy the sentence immediately after and the same day the Guilty verdict was announced by the jury? The sentencing hearing is scheduled at some point in the future. I'm not defending our justice system but what you're observing in this particular trial is not unique. The factors I already pointed out create added challenges.
 
deugirtni said:
Just curious whether typical sentencing for spousal homicide is different between those who admit it and those who instead blame it on the parents, or others, ie not admit it?
Click to expand...

Ten years is very common for second degree murder regardless of whether there's an admission of guilt or a trial.
 
MistyWaters said:
I'm not sure, were you expecting the Judge to levy the sentence immediately after and the same day the Guilty verdict was announced by the jury? The sentencing hearing is scheduled at some point in the future. I'm not defending our justice system but what you're observing in this particular trial is not unique. The factors I already pointed out create added challenges.
Click to expand...

In US trials, where there is a first degree conviction, sentencing is immediate because the sentence is typically life in prison with no chance of parole. With second degree convictions in Canada, there are many variables that come into play, such as how many years sentence, and is there an exception that influences how pre-trial incarceration is calculated.
 
deugirtni said:
Just curious whether typical sentencing for spousal homicide is different between those who admit it and those who instead blame it on the parents, or others, ie not admit it?
Click to expand...

The sentence for both 1st and 2nd degree murder in Canada is automatically a life sentence whether the accused pleads guilty or not. However in the case of a 2nd degree murder conviction the Judge may recommend parole eligibility at between 10 to 25 years (less time served) but that still does not mean parole is automatically granted, it must be approved by the Parole Board of Canada.

Maybe what you're thinking about is one of the factors considered by the Parole Board is approving parole, aside from good behaviour, is remorse. Whether it's can ever truly be determined if remorse is genuine or not is another story.
 
[h=1]He stabbed her 75 times. A judge just tossed this Calgary killer’s parole minimum[/h]CALGARY A man convicted of killing of a young Calgary mother by stabbing her 75 times has been sentenced to life in prison with no chance of parole for 17 years. Kevin Rubletz, who is 33, was sentenced Thursday after a jury found him guilty last November of second-degree murder — a conviction that carries a minimum 10-year period of incarceration before parole eligibility.

https://www.thespec.com/news-story/...-tossed-this-calgary-killer-s-parole-minimum/
 
[h=1]'Cold-blooded' killing of Calgary mother nets murderer life sentence with no parole for 17 years[/h]
[h=3]Kevin Rubletz was convicted by a jury of 2nd-degree murder in the death of Jessica Newman, 24[/h]In sentencing Kevin Rubletz to life in prison Thursday for fatally stabbing his former girlfriend 75 times, the judge described the killing as a "savage attack [involving] almost unbelievable gratuitous violence."
Jessica Newman's body was found in a ditch two months after she disappeared. Rubletz, her former boyfriend and the father of her son, was convicted of second-degree murder last November.

Court of Queen's Bench Justice Glen Poelman called the killer's actions "cold blooded" as he handed down a life sentence with no chance of parole for 17 years.

http://www.cbc.ca/news/canada/calgary/kevin-rubletz-jessica-newman-murder-sentence-1.4558168
 
Killer Kevin Rubletz's appeal denied:

Appeal court upholds conviction of Calgary man in brutal murder of his ex-girlfriend

.... it took mere minutes for an Alberta Court of Appeal panel in Calgary to reject Kevin Rubletz’ conviction appeal Friday in the killing of Jessica Newman.
...
Patel had argued Poelman erred in not allowing the defence to argue Jessica’s roommate may have been her killer and the trial judge should have allowed three anonymous letters which could have been penned by the real culprit.

But the appeal judges agreed with Clive that the letters contained errors about the crime scene and should not have been put before jurors.

Appeal court upholds conviction of Calgary man in brutal murder of his ex-girlfriend
 
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