A woman who was found guilty of being part of a shooting in Mackenzie could be sentenced to time served depending on whether her lawyer can convince a judge that the mandatory minimum sentence she faces is disproportionate to the crime.
Lawyer Brian Gilson is seeking a sentence of 2 1/2 to three years for Meranda Leigh Dingwall, one of three people found guilty of 11 counts related to the July 2016 incident in Mackenzie in which two men were shot at with one suffering a wound to his calf.
Dingwall's role in the incident is unclear. Although it was never determined exactly who pulled the trigger, Dingwall, 24, and co-accused Kelly Michael Richet, 32, and Christopher Ryan Russell, 30, were each found to have had at least aided and abetted in the shooting.
As part of his submissions, Gilson is challenging the constitutionality of legislation mandating that anyone found guilty of using a restricted firearm in a crime must be sentenced to at least five years in prison.
Gilson laid the groundwork for that process Tuesday when a two-day hearing before B.C. Supreme Court Justice Patrice Abrioux began. He emphasized Dingwall's lack of a criminal record, strong support of her family, and her expressions of remorse and efforts to turn her life around.
He said Dingwall was an honour roll student in high school and had a good employment record but became addicted to methamphetamine when she began hanging around with the wrong people. She and Richet were a couple at the time of the incident, the court was told.
Dingwall has been in custody long enough to have earned credit of 2 1/2 years time served prior to sentencing. Crown prosecutors are seeking a sentence of five to six years less time served.
Sentencing for Richet and Russell will depend, in part, on the outcome for Dingwall.
Editor's note: In a previous version of this story, Dingwall was erroneously described as being behind the wheel during a drive-by shooting in Mackenzie. Meranda Dingwall was found guilty of participating in the incident but it was never proven in court that she was the driver of a getaway vehicle. She was found behind the wheel of another vehicle when she and the co-accused were later arrested and part of a light from that vehicle was found at the scene where the vehicle directly linked to the shooting was found.
