Woman appeals life term for role in mall plot
Defence lawyer argues for 12 to 14 years, saying judge erred in sentencing
HALIFAX— The defence lawyer for an American woman convicted of conspiracy to commit murder at the Halifax Shopping Centre four years ago says her life sentence is too harsh and should be reduced.
Lindsay Souvannarath, now 26, was charged for her part in the planning of a foiled mass shooting at the popular mall on Valentine’s Day in 2015. She was found guilty at a judge-only trial and sentenced to life in prison with no chance of parole for 10 years in April 2018.
Souvannarath’s lawyer, Peter Planetta, said during a sentencing appeal Tuesday at Nova Scotia Supreme Court in Halifax that the judge erred in delivering his sentence by putting a “strategic burden” on Souvannarath to prove remorse for her part in the plot. He argued a fixed sentence of12 to14 years is more appropriate.
Souvannarath’s “remorse or lack of remorse was improperly considered by the trial judge,” Planetta told the three-member justice panel.
He argued there wasn’t much evidence regarding lack of remorse at sentencing. He also said there was established case law “that says that not being remorseful is not something that’s aggravating, that would increase your sentence.” “The argument was about whether the trial judge had done that, or had he properly considered it with respect to future dangerousness and rehabilitation,” he told reporters after the appeal hearing.
Court documents filed with the Nova Scotia Court of Appeal laid out four grounds for the appeal, including that the sentence was excessive for a youthful offender with no record and that it reflected the range for terrorism offences rather than conspiracy to commit murder.
The documents also claim it was unjust to expect the accused to prove she was remorseful and renounce her anti-social beliefs, and that the sentence was much longer than that imposed on an accomplice.
“The sentence was out of the range of other people who have been convicted of conspiracy to commit murder,” Planetta said.
He noted the disparity in sentencing for Souvannarath and another man implicated in the plot — Randall Shepherd — who was sentenced to 10 years in prison for the same crime.
In court, Crown attorney Tim O’Leary argued the trial judge had placed no legal burden on Souvannarath to show remorse, and therefore, didn’t err in his sentencing.
Sentences for conspiracy to commit murder range from 10 years to life in prison.
“This is the rare case that warranted a life sentence,” O’Leary said.