Mark Boissonneault shot Terry McLeod. He was charged with attempted murder and possession of a firearm. McLeod was sitting in his taxi. He was with another man, Gordon, who owned the cab. Boissoneault approached McLeod, pressed the gun to his side and shot him.

At trial Boissonneault took the position that the gun discharged accidentally. He was convicted. The trial judge sentenced him to 17 years jail – 14 years on the attempted murder and 3 years consecutive on the possession charge. He appealed: 2012 MBCA 40.

On appeal the court of appeal noted that the trial judge imposed consecutive sentences but failed to provide any reasons therefor. The court of appeal further noted that the trial judge did not address the issue of totality.

The court of appeal, therefore, turned to consider the appropriate sentence. The court found that the 14 year sentence was “well within the range of an acceptable sentence for that offence” [para 28]. However, the court held that the three years on the possession charge should be imposed concurrently. There was no particular reason for a consecutive sentence and given totality, a global sentence of 14 years was fit. Appeal allowed; sentence varied to 14 years.