Millard, Smich won't be eligible for parole until 2063
Judge rules Laura Babcock sentences will run consecutively to life terms received for Tim Bosma murder
Cheers erupted in the gallery of an Ontario Superior Courtroom in Toronto today as twice-convicted killers Dellen Millard and Mark Smich were sentenced to life terms for murdering Toronto woman Laura Babcock.
Justice Michael Code ordered that their sentences be served consecutively to the life terms they each received for the murder of Hamilton man Tim Bosma. With credit for time served, neither man will be eligible for parole for 45 years.
A jury found Millard, 32, of Toronto, and Smich, 30, of Oakville, Ont., guilty of killing 23-year-old Babcock in July 2012, and burning her body in an animal incinerator. Her remains were never found.
"Mr. Millard, Mr. Smich, good luck to you in the penitentiary. I mean that sincerely," the judge said after delivering his decision. As soon as he walked out of the room, members of the Babcock and Bosma families applauded, cheered and embraced as the two men were led out of the courtroom in shackles.
Babcock's father, Clayton, told reporters outside the courthouse that the family is pleased with the judge's decision — but also said their pain is unrelenting.
"Justice has been served to the murderers of our cherished daughter Laura," he said. "If there ever was a reason to punish to the full extent of the law, this was it. Somehow life imprisonment seems lenient when Laura didn't even get to see her 24th birthday.
"Without our Laura, our days will never be as joyful as they once were. After almost six years, the pain is as great as ever."
Babcock's father also called Millard and Smich "cowards."
"We can be assured that these horrible specimens of humanity will not come outside of a prison for decades to come. We must admit that it was satisfying to see the two cuffed and shuffling off to the prison shuttle, to a life that for most of us would be unbearable," he said.
Already serving time for Bosma murder
The convictions of Smich and Millard carry an automatic sentence of life imprisonment without a chance of parole for 25 years.
The pair are already serving life sentences for killing and burning the body of Bosma in 2013 — something that was never mentioned in court during the Babcock trial.
As they have been sentenced to consecutive terms, Millard and Smich must finish serving their sentences for Bosma's slaying before they start serving time for Babcock's murder.
In his sentencing decision, Code said there is a "clever" side to Millard's personality — but he also said the aviation heir is "amoral and dangerous."
"He knows how and when to deploy a more socially acceptable side of his personality," Code said. "His text messages and his criminal conduct, however, reveal a profoundly amoral character."
The judge also talked about how Smich could be regarded as more of a follower of Millard, but he also said that Smich was "enthusiastically involved" in Babcock's murder.
Outside the courthouse, Crown attorney Jill Cameron told reporters that she was "very satisfied" with the judge's ruling, and offered consolation to the family.
"We're very sorry the family has had to go through this, and unfortunately, it does nothing to bring back their daughter," she said. "But hopefully, the sentence will deter others, as Justice Code said."
Defence sought concurrent sentences
At a sentencing hearing earlier this month, lawyers for Millard and Smich both maintained their clients should serve their sentences concurrently.
In his sentencing submissions, Millard's lawyer, Ravin Pillay, argued an offender's hope of release is an incentive for rehabilitation.
"If one is sentenced to 50 years ... that sentence effectively casts away the prospect of rehabilitation," Pillay said. "There must be an incentive, and there should be an incentive, to the offender before you, to repair, to correct, to rehabilitate.
"Does one turn off that light at the end of the tunnel? Or does one keep that light on?"
All 12 jurors at the Babcock trial recommended consecutive sentences for Millard, while only five recommended that Smich receive the maximum sentence before parole eligibility. The other seven made no recommendation.
Code told jurors at the end of the trial that the consecutive sentencing provision is new to the Criminal Code, and said the final decision would rest with him, but he would consider their recommendations.
The sentencing in this case is the latest step in a long list of criminal proceedings for Millard. In addition to the two lengthy murder trials that ended with convictions, Millard faces yet another trial. He is charged with first-degree murder in the 2012 death of his father, Wayne Millard, which was originally ruled a suicide. That trial is slated to start on April 3.
Follow along with a full recap of CBC's live coverage from inside the courtroom. On mobile and can't see the live blog? View it here.
Corrections
- An earlier version of this story reported that Dellen Millard and Mark Smich were sentenced concurrently. In fact, they received consecutive life sentences.Feb 26, 2018 5:35 PM ET
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