WARNING: Details in this story are disturbing. Discretion is advised.
Family and friends of an Abbotsford couple killed in a 2022 home invasion packed a courtroom on Monday morning, expecting to hear the sentences handed down for the accused.
However, they will now have to wait four more months.
In May, three men were found guilty of first-degree murder in the deaths of 77-year-old Arnold De Jong and 76-year-old Joanne De Jong.
The court earlier heard that Arnold died by asphyxiation, with his entire head and face wrapped in duct tape, while Joanne was bludgeoned and her throat was slashed.
Two of the accused, Abhijeet Singh and Khushveer Toor, were hired by the De Jongs to do some exterior cleaning of their Abbotsford home about a month before their deaths.
Court heard how the two men, along with a third man, Gurkaran Singh, killed the De Jongs in the middle of the night and stole their blank cheques, credit cards and other items.
The three men, all in their 20s, were arrested in December 2022.
The trio was convicted of first-degree murder, which carries an automatic life sentence with no chance of parole for 25 years.
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However, the accused’s three lawyers applied for a constitutional challenge in hopes of giving their clients a chance to apply for parole in 15 years instead of 25.
Justice Brenda Brown ruled on Monday that the section of the Criminal Code prescribing 25 years of parole ineligibility in a case like this infringes upon the Charter of Rights and Freedoms guarantees against cruel and unusual punishment.
“Justice Brown ruled today that the section that prevents somebody who murders more than one person from applying for parole, potentially pursuant to the Faint Hope clause at 15 years — that section is unconstitutional,” Crown counsel Dorothy Tsui said outside court on Monday.
“So she found that to be a breach and where we go now is we await her decision on Nov. 13. She provided the result today, but didn’t provide reasons, so we will get those on the 13th and then from there, parties for both sides are scheduled to provide written submissions.”
Tsui said Brown will then provide a decision, likely sometime in the new year. And then final sentencing, pending the outcome of the decision, will be on Feb. 22, 2027.
Therefore, the sentencing for the three men has been pushed back.
“It’s like a gut punch,” Heather Hoogland, Arnold and Joanne’s daughter, said.
“Going in today, thinking that we’re going to get the final sentencing, and hearing we are now put back to Feb. 22 of all days.”
Her sister, Sandra Barthel, said the family is in shock.
“Just took the wind out of our sails,” she said.
“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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