Judge blasts Sask. domestic violence rate during murder sentencing in Saskatoon
A Saskatoon judge used a murder sentencing Thursday to lambaste Saskatchewan men who resort to violence in their domestic relationships.
"It is 2023. Judges should not have to say that this is unacceptable," said Justice Richard Danyliuk.
"Yet I do, all the time. And I have grown weary."
Danyliuk convicted Ranbir Dhull earlier this year of second-degree murder in the July 2020 death of Samandeep Jhinger, his ex-wife's cousin. The conviction comes with an automatic life sentence. On Thursday, the lawyers argued at Saskatoon Court of King's Bench about how long Dhull must serve before he can apply for parole.
Danyliuk considered their arguments for about 40 minutes before giving an oral decision.
Minutes into giving his ruling, the veteran judge's voice began to rise and shake. Danyliuk focused on two incidents of domestic violence that had happened between Dhull and his then-wife, Amandeep Kaur, before the murder.
Dhull was given an absolute discharge on one incident, and not charged in the second.
The extent to which the incidents rankled Danyliuk came through in his decision:
"There was no indication of actual physical harm from the incident that led to the discharge. What about emotional harm? What havoc is wreaked by your most trusted person, your domestic partner, lifting their hand?"
"It is 2023, judges should not have to say that this is unacceptable. Yet I do, all the time. And I have grown weary. Saskatchewan. A province. A place that I love. Saskatchewan is a national leader in the incidence of domestic and intimate partner violence. What an absolute tragedy. How shameful."
"Sentencing judges may take note of local conditions in crafting sentences. Shamefully, I say, in Saskatchewan the hard, simple fact is that men like to strike women."
"Saskatchewan men are leaders in Canada in solving their relationship problems through use of violence. It is disgusting, it has to stop. It cannot be swept under the rug anymore. No one ran into a door jam or fell down some stairs."
"What we do see, almost inevitably, is an escalation in intimate partner violence from year to year to year. That Mr. Dhull chooses to solve his relationship issues in this manner evinces to me what is a deep character flaw. It is a significant aggravating factor."
Prosecutor Tyla Olenchuk had argued for no parole eligibility for 15 years. Defence lawyer Andrew Mason argued for 10 years.
Danyliuk agreed with Olenchuk, describing Dhull as "highly culpable" and saying "15 years is highly appropriate." He also spoke directly to Amandeep Kaur, who sat in the front row of the gallery with her family.
"This was not your fault. None of it," he said.
"There is only one person responsible and he stands before the court today."
Dhull had been originally charged with first-degree murder. He did not testify in his own defence at trial.
On Thursday, he declined to speak when offered the chance during his sentencing.
