R. v. Landry (J.J.), (2015) 356 N.S.R.(2d) 109 (SC)

Judge:Kennedy, J.
Court:Supreme Court of Nova Scotia
Case Date:January 29, 2015
Jurisdiction:Nova Scotia
Citations:(2015), 356 N.S.R.(2d) 109 (SC);2015 NSSC 78
 
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R. v. Landry (J.J.) (2015), 356 N.S.R.(2d) 109 (SC);

    1126 A.P.R. 109

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Temp. Cite: [2015] N.S.R.(2d) TBEd. MR.028

Her Majesty the Queen v. Joseph James Landry

(SPH 423072; 2015 NSSC 78)

Indexed As: R. v. Landry (J.J.)

Nova Scotia Supreme Court

Kennedy, J.

January 29, 2015.

Summary:

The accused was charged with second degree murder. After a trial by judge and jury he was convicted of manslaughter.

The Nova Scotia Supreme Court sentenced the accused to 14 years less time spent incarcerated on a 1.5:1 basis.

Criminal Law - Topic 5882

Sentence - Manslaughter - The accused was charged with second degree murder - After a trial by judge and jury he was convicted of manslaughter - No criminal record - The Nova Scotia Supreme Court found that the 67 year old accused killed the victim because he believed that he was interfering with lobster traps which were the property of the Twin Maggies, a lobster fishing vessel - The accused was a crew member on the Twin Maggies, which was skippered by the accused's son-in-law - The accused shot the victim in the leg - The Twin Maggies rammed the victim's boat three times, swamping it - While the victim was in the water, holding on to a gas can, begging for his life, he told the accused "please James don't shoot me, I didn't steal your lobsters" - The accused gaffed the victim three times (he escaped twice) and the Twin Maggies dragged him out to sea - The court held that the sustained attack that resulted in the death of the victim was at the "almost murder" extreme of the sentencing range in manslaughter - The crime had torn at the fabric of a close knit community - The court sentenced the accused to 14 years less time spent incarcerated on a 1.5:1 basis.

Cases Noticed:

R. v. Ferguson (M.E.), [2008] 1 S.C.R. 96; 371 N.R. 231; 425 A.R. 79; 418 W.A.C. 79; 2008 SCC 6, refd to. [para. 9].

R. v. Grady (1973), 5 N.S.R.(2d) 265 (C.A.), refd to. [para. 14].

R. v. Creighton (1993), 157 N.R. 1; 65 O.A.C. 321; 83 C.C.C.(3d) 346 (S.C.C.), refd to. [para. 16].

R. v. Reed (G.), [2013] O.T.C. Uned. 4247; 2013 ONSC 4247, refd to. [para. 18].

R. v. Best (W.R.) et al. (2005), 234 N.S.R.(2d) 344; 745 A.P.R. 344; 2005 NSSC 199, refd to. [para. 19].

R. v MacPhee, [2007] N.S.J. No. 601; 2007 NSSC 114, refd to. [para. 20].

R. v. Carvery (L.A.) (2012), 321 N.S.R.(2d) 321; 1018 A.P.R. 321 (C.A.), refd to. [para. 30].

Counsel:

Shane Russell, Provincial Crown;

Steve Drake, Provincial Crown;

Luke Craggs, for the defence.

This sentencing matter was heard in Port Hawkesbury, N.S., on November 10-29, 2014, by Kennedy, J., of the Nova Scotia Supreme Court, who delivered the following decision on January 29, 2015.

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