Monday, October 22, 2012

Alphonse Brendon Menard Sentencing

Manslaughter Sentence Expected Today

Alphonse Brendon Menard is expected to be sentenced today for the shooting death of his father, Nanaimo businessman Tony Menard. The younger Menard pleaded guilty to the lesser charge of manslaughter in Sept. of this year having been originally charged with second degree murder.

Alphonse Menard took full responsibility for the July 2010 shooting death of his father during a hunting trip near Bamfield. The Crown is seeking a 3 - 5 year sentence while the defense is asking for a suspended sentence of 3 years.

Sentencing results will be posted here when they are announced.

Sentence Delivered

Alphonse Brendon Menard will serve 18 months in jail to be followed by two years of probation for the shooting death of his father Tony Menard aged 52.

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5 comments:

  1. Anonymous23 October 2012 at 10:39

    The sentence doesn't seem to comply with the law:

    section 220(a) of the Criminal Code sets out a mandatory minimum of 4 years for "Causing death by criminal negligence (involving the use of a firearm)"


    http://yourlaws.ca/criminal-code-canada/220-causing-death-criminal-negligence

    ReplyDelete
    Replies
    1. Unknown24 October 2012 at 03:29

      Yes it does.
      I don't know the exact law, but because even the act of shooting itself was not intentional, the law you referenced does not take effect.
      Read any other news report (excluding the Huffington Post which someone managed to spin it incorrectly).
      Here, this one gives a pretty full account.
      Long and short is that the shooting was caused by a small complex seizure. My brother was not there when the trigger was pulled (or for most of that morning).

      Delete
    2. Anonymous25 October 2012 at 22:11

      But I DID read various accounts of the trial & sentence, & they all - including Brendon's own lawyer - indicated he was negligent for not refraining from staying away from guns that day since / when he knew his seizure triggers were present.

      The shooting itself doesn't need to be intentional for this law of "criminal negligence" involving a firearm to apply -- quite the opposite, actually -- just knowingly putting oneself in a position (esp. with a loaded gun) that could very well lead to an _un_intentional mishap resulting in serious injury or death.

      That mandatory min. 4 year sentence has been tested in the Supreme Court for a completely unintentional but foreseeable death:

      http://en.wikipedia.org/wiki/R._v._Morrisey

      http://www.canlii.org/en/ca/scc/doc/2000/2000scc39/2000scc39.html

      Delete
  2. Anonymous24 October 2012 at 11:57

    Thanks Deraek, for your explanation if the circumstances. Otherwise the sentence would be outrageously light for causing the death of another person. But if he couldn't help it because it was caused by a seizure, I don't understand why he gets any sentence at all.

    ReplyDelete
  3. Anonymous4 January 2013 at 21:55

    so you can get away with murder!!!!!!!

    ReplyDelete

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