IN THE SUPREME COURT OF NOVA SCOTIA
Citation: R. v. Francis, 2007 NSSC 184
Date: 20070620
Docket: CRSK 270243
Registry: Halifax
Between:
Her Majesty the Queen
Plaintiff
v.
Dale Brian Francis
Defendant
LIBRARY HEADING
Judge: The Honourable Justice Gregory M. Warner
Heard: June 20, 2007, in Windsor, Nova Scotia
Written Release
of Decision: June 22, 2007
Subject: Criminal
Issue: Manslaughter Sentencing - Gladue Factors
Summary: 39 year old offender attacked victim at New Years Eve house party. Some time after playful teasing, offender became angry, crossed the room to victim, swung his beer glass at his neck area cutting his jugular and causing him to bleed to death. He was charged with second degree murder. He claimed provocation and self-defence. One and one-half years later, on eve of jury trial he plead guilty to manslaughter.
Each of the principles of sentencing were reviewed and applied. Evidence respecting Gladue factors was received and analyzed.
Result: Seven years incarceration
THIS INFORMATION SHEET DOES NOT FORM PART OF THE COURT'S DECISION. QUOTES MUST BE FROM THE DECISION, NOT THIS LIBRARY SHEET.