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Manslaughter in an intimate relationship drew a 3.5-year penitentiary sentence.
Following a jury conviction for manslaughter arising from an intimate partner's fatal fall down a staircase, the sentencing judge determined the respondent was the aggressor, deliberately pushed the deceased during a prolonged altercation, and was not acting in self-defence, but the Crown did not prove an intent to kill or cause serious bodily harm.
The court treated the offence as serious but closer to an accident than to murder, while identifying substantial aggravating features including the intimate relationship, a pattern of abusive conduct, the deceased's vulnerability from intoxication and illness, and the impact on family and friends.
Mitigating weight was given to the respondent's lack of criminal record, genuine remorse, strong rehabilitative prospects, and more than two years on highly restrictive bail.
Balancing denunciation, deterrence, restraint, and rehabilitation, the court imposed a custodial sentence of three and a half years, less enhanced credit for pre-sentence custody, together with DNA, weapons prohibition, and non-communication orders.
The accused was acquitted of manslaughter after the court found her prolonged restraint of the attacker was reasonable self-defence, with death resulting from unknown drug intoxication.
The accused, Mireille Pardieu, was charged with manslaughter after restraining Fadumo Hassan, who subsequently died due to complications of chest compression exacerbated by cocaine and ethanol intoxication.
The defense argued self-defence under section 34 of the Criminal Code.
The Crown conceded an air of reality to self-defence but argued the force used was disproportionate, specifically the duration of restraint after the victim stopped resisting.
The court found Ms. Pardieu's actions reasonable, noting her belief of ongoing threat and the unknown contributing factors of the victim's drug and alcohol use, which a reasonable person would not have known would make the restraint fatal.
The Crown failed to disprove self-defence beyond a reasonable doubt.
