Manslaughter sentence upheld in killing of Calgary chef

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The seven-year sentence handed an confederate within the homicide of a Calgary chef was justified, Alberta’s high court docket dominated Tuesday.

In a unanimous resolution, a three-member Alberta Court docket of Enchantment panel upheld the time period Tommie Holloway was given for manslaughter for his position within the killing of Christophe Herblin.

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“We see no cause to overturn the choice,” Justice Peter Martin stated, in rejecting defence counsel Kim Ross’s bid for a lesser punishment for Holloway and agreeing with Crown prosecutor Elisa Frank the sentence ought to stand.

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Ross argued Court docket of King’s Bench Justice Blair Nixon erred find Holloway would have identified there was a critical danger of bodily hurt to Herblin when he drew him out of his under-construction restaurant the place his confederate, Anthony Dodgson fatally stabbed him.

He additionally stated Nixon didn’t give adequate weight to Holloway’s Indigenous background, and overemphasized aggravating components whereas underemphasizing mitigating ones.

“A sentence of three to 5 years would have glad all of the rules of sentencing,” Ross stated.

However Justice Alice Woolley stated Nixon’s discovering that Holloway would have foreseen the opportunity of critical damage to Herblin, which put him in the next class of manslaughter, was a sound one.

Ross argued Holloway wouldn’t have identified whether or not Dodgson can be met with resistance from Herblin and resort to stabbing him, or whether or not the risk the confederate posed can be sufficient for the chef to go away the realm.

Woolley stated the stabbing of Herblin was a “predictable consequence” and Nixon didn’t have to seek out there was a certainty of bodily hurt, merely a danger.

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Holloway was convicted by a Calgary jury of a decreased cost of manslaughter for his position within the March 14, 2020, deadly stabbing of Herblin outdoors a strip mall within the metropolis’s southwest.

He had confronted the identical second-degree homicide cost for which jurors finally discovered Dodgson responsible.

The 2 males had damaged into Herblin’s Croque Saveurs bistro, which was beneath building, to achieve entry to an adjoining hashish retailer.

When the alarm went off they fled, and Herblin, after calling police, got here to the scene.

After officers left, the sufferer remained on scene and when Holloway and Dodgson returned three hours later, and realized Herblin was nonetheless there, the previous vandalized the sufferer’s parked automobile, luring him outdoors the place he was fatally stabbed.

Dodgson, who was handed a life sentence with out parole for a minimal 12 years, has appealed each his conviction and the sentence.

KMartin@postmedia.com

X: @KMartinCourts

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