Manslaughter
R. v. Gallant
Sentence and the Crown's position
Crown asked12 years in custody1
Judge imposed12 years in custody, less 179 days credit for 119 days of remand1
What the law allows
MaximumLife imprisonment
Crown asked12 years in custody
Judge imposed12 years in custody
Defence asked12 years in custody
Vernon Edward Gallant pleaded guilty to manslaughter after he struck the victim twice with his truck in Pictou when he could have driven away. The Crown and defence jointly recommended 12 years' incarceration. Justice Brothers accepted the joint recommendation and imposed 12 years, less 179 days of remand credit, finding that his moral blameworthiness remained an important factor despite the hearing and cognitive impairments described in a psychological report.
In the judge's words
1Despite the Psychological report and taking into consideration the Offender's particular circumstances, the moral culpability of the offender is not insignificant. It is an important factor.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 2 prior convictions, 1 violent1
- At the time of the offence
- Not stated1
- Defence asked for
- 12 years in custody1
- Appeal
- Not yet checked
- Counsel
- Crown: Bill Gorman
Defence: Ronald E. Pizzo
Sources
- R. v. Gallant, 2024 NSSC 271 Court decision, CanLII, August 7, 2024
[3] In a joint recommendation for sentencing, the Crown and defence propose that: … Mr. Gallant be sentenced to 12 years' incarceration;
[3] In a joint recommendation for sentencing, the Crown and defence propose that: … Mr. Gallant be sentenced to 12 years' incarceration;
[15] Vernon Edward Gallant is the oldest of two children born to James and Jacqueline Gallant.
[33] Mr. Gallant's criminal record is as follows: … - 2001-04-25, s. 266 x 2 - Suspended sentence and 12 month probation for which he received a pardon. … - 2010-02-01, s. 254(5)- refusal - $1,000 fine, one year license suspension … - 2017-05-01, s. 267(a) - assault with a weapon - 18 months conditional sentence, 12 months probation and a 10 year s. 110 Weapons Prohibition Order.
[42] Despite the Psychological report and taking into consideration the Offender's particular circumstances, the moral culpability of the offender is not insignificant. It is an important factor.
[71] I sentence Mr. Gallant to 12 years' incarceration. … [73] Mr. Gallant is given 179 days of remand credit with a remaining sentence of 11 years and 186 days.
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Gallant, 2024 NSSC 271 Court decision, Courts of Nova Scotia