A man convicted of beating another man to death has had 10 days added to his jail time for breaching a court order while on bail.
Kenny Green — Photo by Joe Gibbons/TheTelegram
Kenny Green was sentenced today in provincial court in St. John’s.
Green wasn’t in the courtroom when his case was called, as he’s serving a federal sentence for manslaughter for killing Joey Whalen at a house on Tessier Place in St. John’s in March 2013.
He was represented by his lawyer, Randy Piercey.
Piercey entered a guilty plea on Green’s behalf to the charge of breaching a recognizance.
Green was charged on Jan. 18, when, the day after he was granted bail on a second-degree murder charge — he went to Jungle Jim’s restaurant on Topsail Road. As part of his release conditions, he was not permitted to frequent any licenced drinking establishment. As a result, he was taken back into custody by RNC officers, who had been watching him and were waiting outside after he finished eating.
Last month, Green pleaded guilty to manslaughter and was given a six-year prison term. With credit for time served, it leaves about 4 1/2 years left on his term.
Crown prosecutor Sheldon Steeves suggested an additional 15 days behind bars for Green.
He noted Green — who has a criminal record that includes other court breaches — the last in 2002 — should have known the conditions of his release.
“Mr. Green was sort of playing cat and mouse,” he said.
He also noted his sentence for manslaughter was low.
Piercey stressed that Green was in the restaurant having a family meal with his wife and daughter and that he did not consume any alcohol.
“It’s a very technical breach,” Piercey said.
He said Green shouldn’t have to spend any more time in jail for the breach.
“While six years may not be excessive (for manslaughter), it’s still a long time,” Piercey said.
Judge Pamela Goulding decided on 10 days because of Green’s guilty plea.
However, she pointed out that court breaches are serious offences.
“Court orders are meant to be respected,” she said.