Noel Lavery (83) who was convicted of manslaughter for smothering his wife to death on September 27, 2006; was given a two year conditional sentence by Justice Donna Shelley to be served in the community. Lavery must serve 240 community service hours while under his two year house arrest, and he must serve another 120 community service hours while serving another two years of probation.The Edmonton Journal reported:
"Yes, I murdered my wife," Lavery said in the police interview room. "What's done is done and I'll accept the consequences."
Shelley agreed with both the Crown and defence that Lavery was no danger to anyone. She stated that he had taken responsibility for his actions and had committed an illegal act regardless of his reasons.
"It is no less unlawful to be killed by a loving person or to kill out of love," Shelley said.
Shelley said Lavery's age, his physical and psychological anguish in bearing his wife's disease, his "feelings of hopelessness and helplessness, his utter exhaustion," all mitigated his act.
The Edmonton Sun reported:
Noel Lavery was handed a two-year conditional sentence for manslaughter, to be served in the community, after a judge ruled the senior "poses no risk to the public" and has already suffered enough.
Shelley reiterated that she convicted Lavery of manslaughter rather than murder because he had been in a fragile psychological state at the time of the killing.
She noted that state included "feelings of helplessness," "utter exhaustion" and "social isolation."The Euthanasia Prevention Coalition recognizes that this is was a difficult case to prosecute and to provide a just sentence, based on the age, health and state-of-mind of Noel Lavery.
We are concerned when a Judge justifies an act based on the condition of the victim. Every circumstance is different but there are times when the vulnerable nature of the victim requires greater legal protection, such as the case of Tracy Latimer.
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