From the Courts: Brotherly Guilt

Photo: Herald, Peter Parsons

As reported by the Herald's Dan Arsenault

A Nova Scotia Supreme Court jury handed a life sentence Monday to one of two brothers charged in a 2007 beating death in Dartmouth.

Shane Ward, 35 and his brother, Matthew, 34, were charged with second-degree murder, assault with a weapon and possession of a weapon for a dangerous purpose in the death of Philip Love.

Love, an Ontario native, was beaten inside his home on Byron Crescent in Dartmouth on Jan. 8, 2007. The three men started the night celebrating Matthew Ward’s birthday.

Love suffered critical head injuries and died a week later in hospital.

The eight-man, four-woman jury found Shane Ward guilty on all counts, but his brother was only found guilty of assault.

Their mother sobbed and slid from her seat to her knees after the decisions were rendered.

Shane Ward’s conviction for second-degree murder carries an automatic life sentence, but Justice Felix Cacchione asked the jury to deliberate a recommendation for parole eligibility. They came back with no recommendation.

Under the Criminal Code of Canada, parole eligibility for second-degree murder can vary from 10 to 25 years.

The judge arranged a parole-eligibility sentencing hearing for April 1.

After an hour-long lunch break, the judge did determine Matthew Ward’s sentence.

After the Crown and defence pointed out that he had served more than a month on remand in 2007 and was released on strict conditions, including a curfew since then, Cacchione sentenced Matthew Ward to time served.

The judge said Matthew Ward’s actions on the night of the killing "were in no way of the same magnitude as that of his brother."

"His involvement did not cause Philip Love’s death," Cacchione said.

He prohibited Matthew Ward from possessing firearms for 10 years and ordered him to submit a sample to the national DNA databank.

Susan Love, the victim’s mother, would not comment Monday.

Earl Buffet, an uncle of the Ward brothers, sat through Monday’s proceedings.

"It’s an unfortunate situation . . . so many lives destroyed. It’s very difficult."