Crown to seek an extra decade in parole ineligibility for triple killer Dustin Duthie, court told

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The prosecution will ask that convicted triple murderer Dustin Duthie be locked up a minimum 35 years when sentencing arguments are made later this month.

Crown lawyer Shane Parker told Justice Glen Poelman on Friday that he will be seeking a consecutive period of parole ineligibility on one of two second-degree murders Duthie admitted to earlier this week.

Duthie also pleaded guilty Tuesday to first-degree murder in the stabbing death of his stepfather, Alan Pennylegion, a crime which carries an automatic life sentence without parole for a minimum 25 years. Parker told Poelman that is the sentence defence counsel Ray Dieno will seek when both sides make submissions on March 26, regarding a suitable punishment for Duthie.

“Are we expecting this to be a joint submission, or will it be by way of argument?” the Court of Queen’s Bench judge asked, when Parker indicated the date they had agreed on for the sentencing hearing.

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“There will be argument,” Parker said.

“Mr. Dieno will be looking for the mandatory minimum 25 years. The Crown will be looking for one of (the murders) to be consecutive. The Crown is seeking 35 years.”

Under the Criminal Code, offenders convicted of more than one murder can be handed consecutive periods of parole ineligibility.

Duthie, 27, pleaded guilty to two counts of second-degree murder in the deaths of his girlfriend, Taylor Toller, and mother, Shawn Boshuck.

While first-degree murder carries a mandatory minimum of 25 years before an offender can seek full parole, the period of parole ineligibility for second-degree murder can be set at anywhere from 10 years to 25 years.

Based on Parker’s plan to seek a total minimum period of 35 years, he’ll be asking for 10 years consecutive for either the murder of Toller or Boshuck.

Duthie entered surprise guilty pleas this week just days before he was to face a jury on all three charges.

He admitted slitting Toller’s throat on July 26, 2018 at the victim’s Applevillage Court S.E. apartment suite.

Taylor Toller’s body was found at her residence in the 2000 block of Applewood Court S.E. on Tuesday, July 31, 2018. Police have charged her boyfriend Dustin Duthie with three counts of second-degree murder.
Taylor Toller’s body was found at her residence in the 2000 block of Applewood Court S.E. on Tuesday, July 31, 2018. Police have charged her boyfriend Dustin Duthie with three counts of second-degree murder. Photo by Courtesy Toller Family

The body of Toller, 24, was found face down in her bed after Duthie was arrested for his parent’s killing five days later.

On July 31, 2018, Duthie repeatedly stabbed his mother, 52, in the kitchen of the family’s Hidden Valley Dr. N.W. home.

While Duthie was cleaning up the blood after the killing, Pennylegion, 51, came downstairs and was stabbed eight times after discovering the grisly scene.

Shortly after the killings, Duthie called 911 and was arrested.

If Parker is successful, the triple killer won’t be eligible for full parole until 2053,  three and a half decades from the date of his arrest.

KMartin@postmedia.com

On Twitter: @KMartinCourts

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