R. v. Levy

R. v. Levy

Given the prolonged application of a rear naked chokehold by a trained head of security, the absence of ongoing threat from the victim, the failure to seek or provide medical assistance, and the need for denunciation and general deterrence, a custodial sentence of four years for manslaughter is fit; the related criminal negligence causing death count arises from the same delict and is conditionally stayed under the Kienapple principle.

Citation
2026 NSSC 129
Parties
Crown (prosecution): His Majesty the King; Accused: Alexander Pishori Levy
Court
Supreme Court of Nova Scotia
Jurisdiction
Canada
Judgment Date
24 April 2026
Procedural Posture
Criminal Manslaughter and Criminal Negligence Causing Death / Sentencing (post Conviction)
Outcome
Convicted and sentenced to custody for manslaughter; related criminal negligence causing death count conditionally stayed under Kienapple.
Legal Topics
Manslaughter, Criminal Negligence Causing Death, Denunciation, General Deterrence, Kienapple Principle, Use of Force by Security Personnel, Failure to Provide Medical Assistance
Source Language
English
Criminal Law Sentencing Homicide Police/security Use of Force Manslaughter Criminal Negligence Causing Death Denunciation General Deterrence +3 more

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Parties

His Majesty the King

Crown (prosecution)

Alexander Pishori Levy

Accused

Procedural Posture

Criminal Manslaughter and Criminal Negligence Causing Death / Sentencing (post Conviction)

Legal Issues

  1. 1 What is the fit sentence for manslaughter given prolonged chokehold by a security head and attendant facts
  2. 2 Whether a conditional stay should be entered on the related criminal negligence causing death count under the Kienapple principle
  3. 3 Whether a conditional sentence in the community is permissible or whether incarceration is required given moral blameworthiness and public denunciation/deterrence objectives

Ratio Decidendi

Given the prolonged application of a rear naked chokehold by a trained head of security, the absence of ongoing threat from the victim, the failure to seek or provide medical assistance, and the need for denunciation and general deterrence, a custodial sentence of four years for manslaughter is fit; the related criminal negligence causing death count arises from the same delict and is conditionally stayed under the Kienapple principle.

Court Disposition

Convicted and sentenced to custody for manslaughter; related criminal negligence causing death count conditionally stayed under Kienapple.

Orders

  • Custodial sentence for manslaughter: four years
  • DNA Order (mandatory – primary/compulsory)