Thursday, May 17th, 2012

Lamb to be sentenced Friday

Posted on February 20, 2012 by Corey LeBlanc coreyleblanc@thecasket.ca

Monday morning, Robert Harris Lamb, shown here heading to an earlier court appearance in Antigonish, entered a guilty plea to manslaughter in the 2010 stabbing death of Jonathan Beaton of Southside Harbour, Antigonish County. Lamb will be sentenced Friday in Supreme Court in Pictou. (File photo)

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The man charged with second degree murder in the death of Jonathan Beaton pled guilty to manslaughter Monday morning.
Robert Harris Lamb, 22, entered the plea in a courtroom at the Pictou Justice Centre nine days into his trail for the Jan. 1, 2010, stabbing death of the Southside Harbour native.
“There were ongoing discussions, yes, that would be fair to say,” Darlene Oko, Crown attorney, said Monday afternoon in an interview with the Casket.
“In any trial, but especially a trial of this significance in terms of how serious the charges are, both sides do an ongoing assessment as to the strengths and weaknesses of their case – that’s an ongoing process as the trial proceeds,” Oko, who co-prosecuted with attorney Allen Murray, said.
“We had some earlier discussions and at this point in the trail we had another good look at the strengths and weaknesses of our case and felt that a plea to manslaughter would be, in all the circumstances and based on all the evidence that we have put before the court, appropriate.”
Donald Murray, Lamb’s defence attorney, said there had been discussions of such a plea in the past, but he and his client were expecting the trail to continue Monday morning.
“We went back and forth a number of times, particularly over the fall and in the weeks leading up to the trial. We weren’t able to come to a common view of what was likely to happen at a trial and so we were carrying on – each doing what we supposed to be doing.”
Murray said the Crown initiated discussion again [about a plea], which he took to Lamb.
“And, as a result, we found that we were able to have a common view of the case,” he added, noting some changes “in terms of penalty.”
With the manslaughter plea, Lamb’s second-degree murder trial by judge and jury ended, which included testimony from several Crown witnesses, many describing a New Year’s Eve party at 123 College Street that went horribly wrong.
During his testimony, one RCMP member described the scene as “chaotic” when he arrived at the apartment.
When police arrived shortly after midnight on Jan. 1, 2010, they found Beaton, 25, on the sidewalk seriously wounded. He died approximately four hours later during surgery at St. Martha’s Regional Hospital.
Lamb, the only man charged in the Beaton’s stabbing death, will be sentenced Friday in the same Pictou courtroom.
The Crown and defence have agreed on a joint recommendation
“I can’t tell you that because it is not a matter of public record yet,” she said when asked specifics of that recommendation.
Oko said there is no minimum sentence, with a maximum of life in prison for manslaughter. Conviction on a second-degree murder charge carries the mandatory minimum sentence of life in prison.
“There is no minimum unless a firearm is involved and obviously that’s not the circumstance here,” she noted.
“And, of course, we have to be guided by the authorities in Nova Scotia to what’s an appropriate sentencing range for an offence of manslaughter, but not only the offence but also the circumstances and the offender.
“It is essentially those three things that will be taken into consideration – the offender, in terms of his personal circumstances – his age, any record – those kinds of issues; the circumstances, in other words the nature of the offense and how it was committed, and then the authorities in Nova Scotia that guide us with what the sentencing range should be,” Oko added.
Murray said “we expect, because it is a joint recommendation, and we are all experienced counsel involved, that the court will cede to our suggestion.”
Media reports indicate that Lamb sat silently as he entered his plea.
“We are going to talk about some of that on Friday,” Murray said when asked if Lamb is “remorseful.”
Lamb has the option to address the court at his sentencing hearing.
“We will see on Friday if he does. That’s really his call. He doesn’t have to; he may,” Murray said.
Oko said there will be victim impact statements presented to the court Friday on behalf of the Beaton family.
“We have been communicating with the family all along, so certainly they knew before the plea was entered as to what was going to happen” she said when asked if she had spoken to the family and their reaction to the manslaughter plea.
“It is very difficult for the family because, of course, they want justice for the loss of their son and brother. It is difficult for them but they understand the reason why this plea was accepted,” she said.
“They are certainly pleased that (Lamb) is taking responsibility for killing their loved one, their family member, so that’s important to them,” Oko added.
With a loss of life, she noted it is always difficult for a family to “accept what’s happening.”
“But, this was a really terrific family. They have been very supportive of the prosecution all along … they are lovely people,” she said.

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