KAPUSKASING — A Kapuskasing man, serving a life term in prison for strangling a woman to death, is appealing his sentence on the grounds that it is unduly harsh.
Patrick Carignan was found guilty in November of second-degree murder in connection with the death of 23-year-old Emanuelle D’Amours.
D’Amours was a mother of three from Moonbeam who was murdered at Carignan’s residence in Kapuskasing in February 2015.
In his notice filed with the Ontario Court of Appeal, under Grounds for Appeal, Carignan wrote: “Sentence is harsh and excessive in all the circumstances of the case.”
In March, Carignan was sentenced in the Superior Court of Justice in Cochrane to life imprisonment, with no eligibility for parole for 16 years.
At the sentencing hearing, Carignan’s lawyer argued for the minimum period before applying for parole which is 10 years.
Crown Attorney Lynn Anne Grzela argued for 17 years. The maximum period of ineligibility is 25 years.
Ultimately, Judge Cindy MacDonald opted for 16 years before Carignan is eligible to apply for parole. In her decision, she weighed several factors including what she described as the “brutality” required for committing murder by strangulation.
“Strangulation is also a very intimate and tortuous manner of death,” MacDonald said as she outlined her reasoning behind the sentence. “The offender had to be in close proximity of the victim, able to look her in the eye, able to see and feel her struggle to survive. He had to persist in his assault despite all of that.”
Carignan had pleaded not guilty, claiming that an intruder had entered his home after inviting D’Amours to come over. During the trial, the court heard Carignan murdered the woman and then sent several text messages to a friend, saying that he and D’Amours had just been attacked.
The jury didn’t believe him, accepting the Crown’s arguments that Carignan was the killer.