Nova Scotia

James Landry sentenced in 'murder for lobster' case to appeal

A Cape Breton fisherman convicted in the so-called "murder for lobster" case is appealing his sentence.

Cape Breton man was found guilty in November of manslaughter in Phillip Boudreau death

Phillip Boudreau, 43, is missing and presumed dead. (Facebook)

A Cape Breton fisherman convicted in the so-called "murder for lobster" case is appealing his sentence.

Joseph James Landry, 67, of Little Anse, was sentenced in January to 14 years in prison. His lawyer called that sentence "excessive."

Landry was one of three men on board the fishing boat Twin Maggies on June 1, 2013.

The court heard that the men found 41-year-old Philip Boudreau fiddling with their traps in the waters near Petit-de-Grat.

Court heard that they shot at him, rammed him with their boat, and dragged him out to sea.

Landry was originally charged with second-degree murder. A Supreme Court jury found him guilty of manslaughter.

The Crown called the crime "barbaric." 

At the sentencing last month, Chief Justice Joseph Kennedy said on the scale of manslaughter between "almost accident" and "almost murder" — this case was one of "almost murder."

He sentenced Landry to 14 years in prison, with of 901 days credit for time served on remand.

Landry's sentence is actually 11 and a half years. He could be eligible for parole in less than four.

In documents filed with the court of appeal, Landry says the trial made findings of fact that were not consistent with the jury's verdict.

Landry also says the sentence was harsh and excessive. He asks that it be cut in half — from 14 years to seven —again, with credit for time already served.

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