R. v. Landry

R. v. Landry

The joint recommendation was accepted because it did not meet the high Anthony-Cook threshold for rejection; after weighing aggravating (knife to neck, victim impact) and mitigating factors (guilty plea, remorse, age, health, attempted aid, limited violent record) the sentence of seven years imprisonment less remand...

Source-derived case information.

Citation
2021 NSSC 179
Parties
Crown: Her Majesty the Queen; Accused: Joseph Noel Landry
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
28 May 2021
Procedural Posture
Criminal Manslaughter / Sentencing (guilty Plea; Joint Recommendation)
Outcome
Accepted joint recommendation: seven years imprisonment less remand credit; ancillary orders imposed
Legal Topics
Manslaughter, Joint Sentencing Recommendation, Remand Credit, Ancillary Orders, Victim Impact Statements
Source Language
english
Criminal Law Sentencing Homicide Manslaughter Joint Sentencing Recommendation Remand Credit Ancillary Orders Victim Impact Statements

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Summary, issues, holding and outcome

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Parties

Her Majesty the Queen

Crown

Joseph Noel Landry

Accused

Procedural Posture

Criminal Manslaughter / Sentencing (guilty Plea; Joint Recommendation)

Legal Issues

  1. 1 Whether the joint sentencing recommendation should be rejected under R. v. Anthony-Cook
  2. 2 Appropriate quantum of sentence for manslaughter given aggravating and mitigating factors
  3. 3 Application and calculation of remand credit

Ratio Decidendi

The joint recommendation was accepted because it did not meet the high Anthony-Cook threshold for rejection; after weighing aggravating (knife to neck, victim impact) and mitigating factors (guilty plea, remorse, age, health, attempted aid, limited violent record) the sentence of seven years imprisonment less remand credit was fit and proportionate.

Court Disposition

Accepted joint recommendation: seven years imprisonment less remand credit; ancillary orders imposed

Orders

  • Seven years imprisonment minus remand credit resulting in 846 days custody remaining
  • No victim fine surcharge