Nfld. & Labrador

Kenny Green sentenced to 6 years for manslaughter

Judge William Goodridge accepted a joint submission by the Crown and defence of a six-year sentence for Kenny Green in the beating death of Joey Whalen.
Kenny Green was sentenced to six years, less 19 months credit for time served, for the March 2013 death of Joey Whalen. Green could be eligible for parole in less than three years. (CBC)

Judge William Goodridge accepted a joint submission by the Crown and defence of a six-year sentence for Kenny Green in the beating death of Joey Whalen.

In Newfoundland and Labrador Supreme Court in St. John's on Friday, Goodridge said the six-year sentence is low, but by the Crown accepting it, a conviction for manslaughter was achieved.

Green, 35, was charged with second-degree murder in connection with the death of Whalen, 47 — but that charge was dropped. On May 6 of this year, Green pleaded guilty to manslaughter.

Green admitted to pummelling Whalen during a fight that broke out at a house on Tessier Place in St. John's in March 2013, where Green sold drugs. The court was told Whalen had been selling cocaine for Green, and Green suspected Whalen was stealing from him.

Whalen died in hospital a few days later.

Justice William Goodridge said the six-year sentence he gave Kenny Green was on the low end, but acceptable, given the circumstances. (CBC)
Goodridge said the Crown and defence reached a plea bargain, and it was proper for the Crown to accept it, given the uncertainty of getting a conviction for second-degree murder. 

The judge told the court why it made sense for the Crown to strike a plea bargain: Among other things, he said there were no witnesses to the actual assault. Goodridge also said that the people in the house on Tessier Place were not credible because of prior criminal records, and two of them were "drugged out."

Could be eligible for full parole in less than 18 months 

Goodridge said that Green could have made a case for self-defence.

Green said he feared Whalen was going to take him out, after he saw something shiny in Whalen's waist band. Police found a knife at the scene.

Brittany Hammond, who is Joey Whalen's daughter, spoke with reporters after Kenny Green's sentencing on Friday morning. (CBC)
Brittany Hammond, Joey Whalen's daughter, said she understands the reasoning behind the joint submission and sentence, but is not satisfied. 

"In my mind it does, but in my heart it will never be enough for me. But logically I know they did the best they could," said Hammond, who spoke to reporters outside Supreme Court. 

"We had a meeting with the Crown prosecutor and everybody yesterday, and they explained why it was the way it was. And, I guess we have to deal with it the best we can — no sentencing is going to bring back my father, anyways," she said. "I won't remember him as they portray him, but I'll remember him. He was a great dad ... he loved to go fishing. He was a kind-hearted guy."

Green was given about 19 months credit for time served. He could be eligible for full parole in less than a year and a half.


To encourage thoughtful and respectful conversations, first and last names will appear with each submission to CBC/Radio-Canada's online communities (except in children and youth-oriented communities). Pseudonyms will no longer be permitted.

By submitting a comment, you accept that CBC has the right to reproduce and publish that comment in whole or in part, in any manner CBC chooses. Please note that CBC does not endorse the opinions expressed in comments. Comments on this story are moderated according to our Submission Guidelines. Comments are welcome while open. We reserve the right to close comments at any time.