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No jail time

Deschenes: conditional sentence

Kerry McCluskey
Northern News Services

Iqaluit (Mar 12/01) - Iqaluit resident Mary Deschenes will not go to jail for killing her common-law spouse Gilles Bergeron.

In a packed courtroom last Friday, Justice Robert Kilpatrick ordered Deschenes, 40, to serve a nine-month conditional sentence.

Deschenes was arrested after Bergeron died of a single stab wound to the chest April 23, 1999. A jury convicted her of manslaughter Oct. 27, 2000.

"Bergeron was the aggressor," Justice Kilpatrick said about the night in question.

The couple was drinking that evening. Bergeron later woke Deschenes and began assaulting her. He cut the phone line, and got a knife from the kitchen while she was in the washroom. A struggle ensued, during which Deschenes lost her temper.

"She was angry and upset about Bergeron's broken promises," said Justice Kilpatrick.

Bergeron promised Deschenes days before he would stop abusing her. "I find the fatal blow an act done in anger, not self- defence," said Kilpatrick, adding the act was not premeditated.

As part of her sentence, Deschenes must abstain from intoxicants. She cannot possess firearms and must perform 100 hours of community service. She is under house arrest until Aug. 9, 2001, and only permitted to be outside her residence between the hours of 1-3 p.m.