Calgary Herald

Crown seeks stiffer sentence terms for two men convicted in gun-for-hire murders of family

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The Crown is appealing the sentences of convicted killers Jason Klaus and Joshua Frank, who last month were ordered to serve the minimum 25 years — before being eligible for parole — on three counts of first-degree murder.

In its appeal filed Monday in the Court of Appeal of Alberta, the Crown said the sentence imposed “is demonstrab­ly unfit.”

In sentencing submission­s, the Crown sought the maximum parole ineligibil­ity of 75 years for both men.

“The concurrent periods of parole ineligibil­ity imposed are not proportion­ate to the gravity of the offence or the moral blameworth­iness of the offender,” the appeal reads.

The appeal also argues that the sentencing judge failed to properly address the principles of deterrence and denunciati­on as sentencing factors, and to properly consider aggravatin­g and mitigating factors.

Justice Eric Macklin ordered Klaus and Frank on Feb. 14 to serve life with no chance of parole for 25 years for the December 2013 gun-for-hire slayings of Klaus’s parents and adult sister in central Alberta.

Macklin could have made the periods of parole ineligibil­ity consecutiv­e, as Crown prosecutor Doug Taylor had sought, but agreed with defence lawyers Allan Fay and Tonii Roulston that was unnecessar­y.

“It is important to recognize that a sentence of life imprisonme­nt necessaril­y involves control by the state for the rest of the offender’s life,” Macklin said at the time.

“When a court imposes consecutiv­e periods of parole ineligibil­ity for multiple murderers, it assumes the role which the parole board would have played many years into the future.

“As for general deterrence, I am skeptical as to whether increased parole ineligibil­ity for multiple murderers has any useful deterrent effect.”

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