Michael Dockrill should not face 4 years in accidental death, lawyer says

The lawyer for a Nova Scotia man convicted in the accidental shooting death of his son argued Thursday the mandatory minimum sentence of four years for the crime is "grossly disproportionate" in this case.

In April, Michael Paul Dockrill, 56, was found guilty of criminal negligence causing death and careless use of a firearm.

In June 2011, Dockrill and his son, Jason, were trying to fend off a home invasion at their house in Lakeside when Michael Dockrill opened fire. He said he thought he was shooting at an intruder. He shot and killed his son instead.

Crown and defence attorneys were in court Thursday for sentencing arguments. Nova Scotia Supreme Court Justice Joshua Arnold has reserved his decision on sentence until Feb. 26.

The crime carries a mandatory minimum sentence of four years, as outlined in legislation passed by the former Conservative government.

But Brian Church, Dockrill's lawyer, said such a sentence violates Dockill's charter rights and had a gun not been used, his client would not be facing the mandatory minimum. 

"He will live with that knowledge [of killing his son] for the rest of his life," said Church. "It is flatly impossible for this court to punish Mr. Dockrill more than he has for his mistake."

Church argued Dockrill should receive a suspended sentence with three years probation and be made to speak publicly about the dangers of loaded guns.

The prosecution, however, is seeking a sentence of between five and seven years. Crown attorney Tanya Carter said the shooting was intentional, even if Dockrill didn't intend his son to be the victim. 

"This tragedy didn't have to happen," she said.

The CBC's Blair Rhodes was in court live blogging the hearing.