HALIFAX -- A Crown prosecutor says he will seek a prison sentence of more than six years for the mentally ill Nova Scotia man who killed gay rights activist Raymond Taavel three years ago.
Crown attorney James Giacomantonio confirmed after a hearing Monday he will ask Nova Scotia Supreme Court Judge Peter Rosinski to impose the penalty on Andre Noel Denny during his sentencing hearing Feb. 22.
Outside court, Giacomantonio indicated the defence will be seeking a penalty of time served. Denny has been in custody since April 2012.
Denny pleaded guilty to manslaughter in November, more than three years after the high-profile crime.
An agreed statement of facts presented in court says Denny failed to return to a Halifax-area forensic psychiatric facility after receiving an unescorted, one-hour pass April 16, 2012.
The statement says Denny was impaired by psychosis caused by consuming alcohol and crack cocaine when he got into an argument with Taavel, punched him in the head and slammed his face into the pavement outside Menz bar on Gottingen Street.
Monday's hearing was expected to sort out how much credit Denny should receive for time served, but lawyers for the defence and Crown had earlier agreed on six years.
"At first, we were going to fight it, and we did a lot of research and ultimately we agreed on the issue of remand credit," Giacomantonio said outside court.
The judge said the sentencing hearing next month, expected to last one day, will include three victim impact statements, a surveillance video from inside the bar where Denny met Taavel and possibly a video tribute to Taavel produced by Halifax's gay community.
Denny remains in custody at the East Coast Forensic Hospital in Dartmouth.
Giacomantonio said the February hearing is expected to include the reading of two victim impact statements from members of Taavel's family.
As well, he said a third statement -- from a representative of Halifax's gay community -- could be used to introduce the video montage that pays tribute to Taavel's life.
"We think it's important for the trier of fact, when sentencing Mr. Denny, to know all about Mr. Taavel," the lawyer said, adding that defence lawyers may oppose showing the video in court.
Taavel was well known in the local gay community, having worked with gay organizations both provincially and nationally.
Denny, who is from Membertou, N.S., was originally charged with second-degree murder.
His first lawyer, Pavel Boubnov, said outside court that Denny had been diagnosed with schizophrenia when he was a teenager and had no history of homophobia. However, he said his client was prone to violence when intoxicated and off his medication.
The agreed statement of facts makes no specific reference to what might have motivated the killing. However, it does say that Denny had been forcefully removed from the residence of another man he had met at the bar earlier in the evening.
A more detailed statement of facts is expected to be submitted at the hearing next month.