The lawyer for a Prince Edward Island man who killed his spouse in a 2025 impaired driving incident and the P.E.I. Crown Attorneys’ Office are at odds over what they think a fair sentence should be.

Retired RCMP officer James Andrew pleaded guilty to a charge of impaired driving causing death in December. His common-law partner of about 25 years, Mary Shawna Carmody, 70, was pronounced dead at the scene of the New Years’ Day crash near Clinton.

At a sentencing hearing on Thursday in P.E.I. Supreme Court, Andrew’s lawyer told the court he wanted his client to serve his sentence in the community for about two years — noting the knowledge he killed his partner was the harshest punishment of all.

The Crown argued that Andrew should spend six years in prison. Both sides agreed a 20-year driving prohibition would be fair. 

”Whether he received a six-year or a [community sentence order] … when the name Jim Andrew arises, people are going to say ‘that’s the guy who killed his wife,’” said Andrew’s lawyer, Brendan Hubley.

“Living in the community with the reminder of that offence has a general deterring impact.”

Hubley told the court the 74-year-old’s health has been on the decline since the collision, when he drunkenly drove his SUV into a ditch and hit a culvert. 

He spent 84 days in hospital, has ongoing physical injuries and was using a cane in court. Hubley said Andrew’s cognitive abilities have also declined and neither his physical nor mental state are improving, but rather are “getting worse.” 

The lawyer suggested Andrew serving a sentence of two years less a day in the community, with conditions like a curfew and volunteering, would have a greater impact on “healing the community.”

A position of trust?

Crown prosecutor John Diamond disagreed, citing a variety of cases where the guilty person spent years in custody, arguing it’s needed based on the significant impact the crash had on Shawna Carmody.

“There can be no more significant impact than the loss of life.… Her death resulted from his operation of a motor vehicle while impaired,” Diamond said.

”When there is a violent offence, there is an aggravating offence if it’s an intimate partner.”

The Criminal Code of Canada includes a sentencing provision that requires courts to treat evidence that an offender abused their intimate partner as an aggravating factor, which increases the severity of the sentence.

Diamond also argued Andrew was in a position of trust over his common-law spouse.

But Hubley refuted those points.

“This case is what it is, it’s an impaired driving causing death,” Hubley said.

“A motor vehicle accident is by definition a violent thing, but in cases where the abuse of an intimate partner comes into play, there is an intention to the abuse, there is something more than that.… This offence is not relationship based.”

Hubley also argued that trusting someone like a spouse does not automatically put them in a position of trust under the law. 

By Hubley’s account, Andrew was married to his first wife for 28 years and then was with Carmody for about 25. Character references submitted by the defense described the former RCMP officer as kind, honest, dependable and someone with good morals.

Alcoholism called into question

Whether or not Andrew has ongoing addiction issues was another point of discussion Thursday.

Hubley said “it doesn’t appear that there were any addictions issues,” and the court heard that Andrew said as much to the probation services staff who wrote his pre-sentence report. But Hubley also said hospital staff observed withdrawal symptoms during Andrew’s stay.

Justice Gregory Cann said he was having a difficult time squaring that, and asked Hubley to elaborate.

”Addiction is a difficult thing. Some is obvious. Some is not obvious. My review of that is that it’s something he needs to look at,” Hubley said, adding Andrew may have drank more in the year or two before the crash, but has stopped drinking since, save for a beer he had with his son.

“A situation such as this forces the issue to be confronted. Some stop. Some can’t.”

Hubley said he believes Andrew’s greater underlying issue was his mental health, possibly post-traumatic stress disorder due to the crash and the grief over Carmody’s death. 

Andrew has no criminal record and has not been diagnosed with a mental illness or disorder.

Cann said he needed more time to make a decision on a sentence. A sentencing date will be scheduled in the coming weeks. 

Andrew also took the opportunity to speak when given the chance Thursday.

”I wish to apologize to Shawna’s children, I see one of them is in court today, and I wish to apologize to the court for my actions,” he said. ”This is out of sorts for me, and I’ve also hurt my own family, who are in court today. 

“It’s an awful way to end your life.”