Manslaughter
R. v. Levy
- Below the Crown's ask
Sentence and the Crown's position
What the law allows
Alexander Pishori Levy, head of security at a Halifax bar, was convicted after trial of manslaughter and criminal negligence causing death after holding a patron in a chokehold for about two minutes outside the bar in December 2022. The Crown sought five years in custody; the defence sought an 18-month conditional sentence followed by two years of probation. Justice Chipman imposed four years in custody and conditionally stayed the criminal negligence conviction, finding that a sentence of less than two years would not be reasonable.
In the judge's words
1When considering the principle of restraint in this case, I must ask myself if it is reasonable to impose a custodial sentence of less than two years in all the circumstances. On all of the evidence and authorities, I must conclude that it is not. To the contrary, in all of the circumstances, I am of the view that a custodial sentence is the proper, fit sentence for Mr. Levy.
The record
- Convicted of
- Manslaughter (CC 236)
- Prior convictions
- 0 prior convictions1
- At the time of the offence
- Not stated1
- Defence asked for
- 18 months conditional sentence1
- Appeal
- Not yet checked
- Counsel
- Crown: Robert Kennedy, K.C., Melanie Perry
Defence: James Giacomantonio, Jack Bennet
Sources
- R. v. Levy, 2026 NSSC 129 Court decision, CanLII, April 24, 2026
[7] The Crown asks for the following sentence for the crime of manslaughter: a period of custody for the term of five years
[9] Mr. Levy submits that the appropriate sentence for the manslaughter conviction is the imposition of an 18-month conditional sentence order, to be followed by a two-year probation order.
[1] In R. v. Levy, 2025 NSSC 371, I convicted Alexander Pishori Levy of criminal negligence causing death and the unlawful act of manslaughter.
[30] Prior to these convictions, Mr. Levy had no criminal record.
[48] … When considering the principle of restraint in this case, I must ask myself if it is reasonable to impose a custodial sentence of less than two years in all the circumstances. On all of the evidence and authorities, I must conclude that it is not. To the contrary, in all of the circumstances, I am of the view that a custodial sentence is the proper, fit sentence for Mr. Levy.
[49] Keeping in mind the authorities, competing submissions and sentencing principles, inclusive of the parity principle, I have fashioned a sentence that takes into account the facts of this case and the purpose and principles of sentencing, along with the mitigating and aggravating circumstances. Alexander Pishori Levy, you are hereby sentenced for the crime of manslaughter to: • a period of custody for the term of four years
- Criminal Code, s. 236 Record, Justice Laws Website
- R. v. Levy, 2026 NSSC 129 Court decision, Courts of Nova Scotia