Supreme Court

Judge:

The Honourable Justice Peter P. Rosinski

Heard:

October 13, 2017, in Halifax, Nova Scotia

Written Decision:

December 1, 2017

Subject:

Sentencing for Manslaughter – Section 235 – Criminal Code

Summary:

Mr. Downey pled guilty to striking the victim with one punch which rendered him unconscious and caused him to fatally hit his head upon falling. A contested sentencing hearing was held. The court found itself not satisfied beyond a reasonable doubt that Mr. Downey “sucker punched” the victim, however was satisfied that he did with one severe blow render the victim immediately unconscious. Positive presentence report, and no criminal record. Young African Nova Scotian male. Consideration of a Cultural Impact Assessment regarding the circumstances of Mr. Downey as an African Nova Scotian male.

Issues:

(1)         What is the appropriate sentence?

Result:

Deterrence and denunciation are paramount – four years in custody.