Surrey senior who shot roommate over rent dispute loses verdict appeal 1

The court heard that George Murray Bragg, 77, shot Richard Wayne Duncan eight times after Duncan threatened to harm Bragg and his son

BC Court of Appeal and Supreme Court in Vancouver. Photo by Arlen Redekop / PNG files

A Surrey senior has lost his appeal on a seven-year sentence he was awarded after the shooting of the man’s flatmate last year.

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77-year-old George Murray Bragg and his adult son lived with roommate Richard Wayne Duncan in a house in south Surrey for seven months prior to the September 5, 2019 shooting, according to BC Court of Appeal records.

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Duncan “exhibited an unpredictable and outrageous temper” and frequently threatened and abused Bragg and his son, including banging holes in walls and causing other property damage.

The court heard that matters came to a head over a rent dispute on the evening of September 5, with Duncan threatening to “cause both Braggs significant bodily harm” at midnight.

Duncan walked past the two men’s bedrooms a few times, letting them know that he would carry out his threat to harm them.

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Meanwhile, the elder Bragg retrieved his lawfully owned 8-shot 22-caliber revolver and loaded it with magnum ammunition.

Around 7:30 p.m., Bragg and his son exchanged texts, with the elder Bragg saying, “Don’t worry, I’ll take care of the issue if it’s required.”

The court heard that at midnight Duncan emerged unarmed from his bedroom and announced from the hallway that he would carry out his threat.

Bragg then exited his bedroom and walked down the hallway with a concealed gun.

“He told Mr Duncan to stop. When Mr. Duncan failed to do so, Mr. Bragg began shooting,” the court filings say.

Bragg fired eight times in about 30 seconds, killing Duncan.

Bragg was found not guilty of first-degree murder but was later found guilty of manslaughter, for which he was sentenced to seven years in prison. Bragg was out on bail for most of the time between the shooting and his May 2022 trial.

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Records show that Bragg was a father of three, with numerous college degrees and a steady work record until retirement, when he faced difficult financial times.

In his appeal, Bragg contended that the judge erred in assessing his moral guilt, setting the sentence, and giving no weight to his remorse. He requested a prison sentence of four to six years.

The three-judge Court of Appeal ruled: “The judge did not err in his determination of Mr. Bragg’s sentence. He engaged in a thorough investigative process, fully appreciated the nuances of the case, carefully balanced a variety of competing factors, clearly explained his views as to the seriousness of the offense and Mr. Bragg’s moral guilt, and handed down a proportionate and reasonable verdict. The judge fulfilled his duty in an exemplary and error-free manner. For all of these reasons, I would grant Mr. Bragg the appeal and dismiss the appeal.”

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With all well-behaved prisoners eligible for parole after serving a third of their sentence, Bragg could be released from prison in September 2024.

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