Prosecutors are defending their decision last week to accept a manslaughter plea in the stabbing death of a well-liked Kelowna woman.
Ryan Quigley was given a 12-year jail sentence last Friday for stabbing his ex-fiancee 26 times in the head, neck and upper torso, then leaving her to bleed to death for several minutes to several hours.
After Justice Alison Beames handed down the sentence for the manslaughter conviction, many found 12 years to be too light.
However, Crown defended the decision to accept the lesser plea, noting Wednesday the judge said it was appropriate.
“The resolution in this case was arrived at after a careful consideration of all the circumstances of the case against Mr. Quigley, its strengths and weaknesses, and the information contained in the report provided by the defence expert,” wrote Dan McLaughlin, communications with the Criminal Justice Branch, in an email.
“The Crown was ultimately satisfied that the resolution in this case was appropriate and the plea was accepted.”
Despite the agreement by Quigley's defence, Crown council and Beames on the appropriateness of the sentence, the public reaction was strongly opposed.
“Should be a life sentence. He took a life and he doesn't deserve to live his life in society,” wrote Tammy Worthington on Facebook. “It is an insult to her and her family. I will never understand our justice system.”
She was not alone in her reaction.
An unscientific Castanet poll with almost 7,000 votes found only 11 per cent of respondents thought the sentence was just right and three per cent thought it was too much.
Forty-three per cent of those polled thought the sentence was too light, and another 43 per cent thought he should have been found guilty of second-degree murder.
“Twelve years for killing someone in the way he did is nowhere near enough,” wrote Richard Macdonald on Facebook.
While many felt the sentence was too light, 12 years is actually at the high end of the scale for manslaughter convictions.
Quigley was originally charged with second-degree murder, but attempted to plead to the lesser manslaughter charge at the beginning of his trial on Sept. 26. The Crown rejected his lesser plea and continued on with the four-week trial.
In a the first week, Quigley's psychiatric assessment report was submitted, outlining his history of mental health problems, and his 15-year struggle with drug addiction.
After three and a half weeks of trial, Crown accepted Quigley's manslaughter plea.
“The psychological report didn't come into the possession of the Crown until essentially the end of the first week of evidence,” said Crown prosecutor Colin Forsyth during Quigley's sentencing. “It largely forms the foundation of the plea to manslaughter which the Crown ultimately accepted.”
The main difference between a murder charge and manslaughter is intention. Murder requires intent to kill, while manslaughter does not.
The Criminal Code of Canada also states "culpable homicide that otherwise would be murder may be reduced to manslaughter if the person who committed it did so in the heat of passion caused by sudden provocation."