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Abbotsford double murder sentencing delayed after judge rules parole-ineligibility section unconstitutional

Abbotsford double murder sentencing delayed after judge rules parole-ineligibility section unconstitutional

Sentencing for three men convicted of first-degree murder in the 2022 deaths of Arnold and Joanne De Jong has been postponed to Feb. 22, 2027, after a constitutional ruling on parole eligibility.

The Story

Family and friends of an Abbotsford couple killed in a 2022 home invasion packed a courtroom on Monday expecting final sentencing for three men convicted of first-degree murder, but the sentencing was pushed back for another four months.

In May, Abhijeet Singh, Khushveer Toor and Gurkaran Singh were found guilty of first-degree murder in the deaths of Arnold De Jong, 77, and Joanne De Jong, 76. The court previously heard that Arnold died by asphyxiation with his head and face wrapped in duct tape, while Joanne was bludgeoned and her throat was slashed.

Court heard that two of the accused, Singh and Toor, had been hired by the De Jongs to do exterior cleaning of the Abbotsford home about a month before the couple’s deaths. The trio was arrested in December 2022.

Because first-degree murder carries an automatic life sentence with no chance of parole for 25 years, the case also became tied to a constitutional challenge. The men’s three lawyers applied for a challenge in hopes of allowing their clients to seek parole after 15 years instead of 25 under the so-called “faint hope” clause.

On Monday, Justice Brenda Brown ruled that the Criminal Code section prescribing 25 years of parole ineligibility in cases like this infringes the Charter of Rights and Freedoms’ protection against cruel and unusual punishment. Co-Crown counsel Dorothy Tsui said outside court that Brown found the provision unconstitutional and that the parties will receive the reasons on Nov. 13, after which both sides are scheduled to file written submissions.

Tsui said Brown’s decision on the constitutional issue was expected to come sometime in the new year, and final sentencing was scheduled for Feb. 22, 2027. As a result, sentencing for the three men was delayed.

Heather Hoogland, the daughter of Arnold and Joanne De Jong, said the postponement was difficult for the family. “It’s like a gut punch,” she said.

Hoogland’s sister, Sandra Barthel, said the wait has left them stunned. “Just took the wind out of our sails,” she said, adding, “I don’t think it makes sense to us. How can people murder two people and then apply for reduced sentence? It’s mind-boggling.”

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