Crown prosecutors are continuing to seek the same sentence for both Mark Lange and Dean Boucher in the second-degree murder of Robert Olson.

That follows Boucher's testimony last week that Lange's involvement was limited to driving the truck with Olson in the back after he was beaten in Carcross.

In the meantime, Lange's lawyer, Andre Roothman, has begun the work to look at having new evidence admitted for a potential appeal.

At the sentencing hearing last Thursday, Boucher, who's representing himself, told Yukon Supreme Court that Lange doesn't deserve to spend another day in jail for the December 2004 murder.

A 12-member jury convicted the two of second-degree murder after a four-week trial beginning last May. At the beginning of the two-day sentencing hearing last Thursday, Crown prosecutor Edith Campbell proposed 15 years of the life sentence be served before parole can be sought for both.

On Friday, Campbell said the Crown's position for each sentence hasn't changed despite Boucher's submission to the court the previous day.

Boucher's testimony doesn't shed any new light on what happened, she told the court. By his own admission, she said, Boucher doesn't remember everything that happened on the evening of Dec. 23, 2004.

'I beat my uncle to death, and I don't even; I don't even remember the fight starting,' he said during the hearing.

Boucher relied on the evidence of Lange and others to piece together what happened, Campbell said.

His fingerprints were on artwork stolen from Olson's Caribou Hotel, where the beating occurred, leading Boucher to the conclusion he stole the artwork rather than relying on his memory, the Crown said.

He also told the court he was drinking whiskey that night and that normally he's a bad person when he drinks whiskey, Campbell said.

Based on past experience as well, he didn't deny threatening Lange, but also doesn't remember it, said Campbell.

What Boucher has shown at the sentencing hearing is that he has remorse for the death, said Campbell.

'He's shown he's prepared to take responsibility,' she said.

She continued to point out the circumstances of the murder concern not only what happened during the beating of Olson, but also afterward in deciding to steal, putting Olson (who was still alive at that point) in the truck and driving away from help in Carcross through the nursing station and RCMP, then dumping the body in a ditch and trying to leave with the truck.

The truck ended up getting stuck, and Boucher and Lange walked to the Petro-Canada station at McCrae.

Lange also backed up Boucher's story about having a fight with his sister when someone asked him about the blood on his hands, said Campbell.

Roothman argued in court that Lange should be sentenced to the minimum term of 10 years until being eligible for parole.

Outside the courtroom, Roothman said he has instructions from Lange to make an application to the court of appeal for new evidence to be admitted, given Boucher's testimony.

Boucher's statement to the court isn't enough for the application so Roothman is planning to try to interview Boucher later this week.

'I'm optimistic, but I'm very cautiously optimistic,' he said, after noting he's also advised Lange to be cautious about the appeal.

'There's quite a few angles I will have to cover,' Roothman said in an interview this morning, noted the lapses in Boucher's memory could be a challenge in gathering the information needed.

'It's going to be a steep mountain to climb,' said Roothman.

It may be that an appeal results in a conviction of manslaughter rather than a full acquittal, the lawyer acknowledged. That would mean a significant difference in the sentence though, he said.

In court Friday, after submitting letters of support for his client, Roothman suggested Lange should be given a lighter sentence than Boucher because of the lesser role he played in the beating.

'Insisting on 15 years for both doesn't make sense,' said Roothman.

In Lange's case, there is a potential for rehabilitation, said Roothman.

He pointed to endeavours his client has made in planning for his future, such as making attempts to further his education.

'The potential is there to make something of his life,' he said.

While the jury hadn't heard Boucher's admittance last Thursday, the lawyer argued that the eight jurors' recommendation that Lange serve the minimum 10 years before being eligible for parole could be interpreted as Lange being viewed as not being a principle in the beating.

The remaining four jurors didn't take a view on Lange's sentence and no recommendation came from the jury for Boucher's sentence.

Lange also didn't deny responsibility in the case, and there was evidence at the trial that Lange's version of events matched up with what police found at the scene.

Lange went further and acknowledged that at one point, he held Olson down, then kicked and punched him when Olson tried to grab him.

'Mr. Lange could've just blamed everything on Mr. Boucher,' Roothman argued.

And while the jury didn't accept that Lange met the five criteria to determine he was under duress, his view is that he was scared and did fear for his life.

'It is his view there was no way out for him,' said Roothman.

He also pointed out that if, at the 10-year mark, Lange hasn't shown he has changed his life, a parole board can turn down his application for parole.

Roothman also explored the pre-sentence report for Lange. He is a first nations person who was adopted at a young age into a Caucasian family and was taught little of his culture. He was brought up as a 'human being' rather than learning of his first nation heritage in the context of that.

Roothman argued there's some moral blameworthiness on Canadian society as a second generation victim of discrimination against aboriginal people given that many of his problems appear to stem from being taken away from his biological family.

Justice Leigh Gower pointed out that Lange had been taken in-care by child protection services officials from a situation that could have involved worse circumstances.

Roothman said many of his client's problems started when he was a teenager and reached the conclusion he was different from others and started realizing he was of first nations descent.

He started using drugs and never received proper treatment for his psychological problems, which included hyperactivity.

As a child, he had lived in a group home for a couple of years and been put on drugs for treatment as well, said Roothman.

'At no time did society provide him with any treatment,' said Roothman.

Gower noted that the pre-sentence report states that in Grade 10, the man was getting good grades and had a step-brother helping him.

'There was an opportunity there, was there not?' Gower questioned. 'He made some choices that weren't good for him.'

Roothman also pointed to a difficult relationship Lange has had with his adoptive father.

While Roothman conceded that Lange had made such choices, he also said it's evident that he was never given the proper medication for his psychological problem.

Although the report assesses Lange as a high risk to re-offend violently, Roothman argued that needs to be viewed in the right context.

'A forecast is being made,' he said, arguing it's not unlike a weather forecast which can easily change.

A decade is ample time to prove whether he's fit to be in society, said Roothman.

After Roothman made his arguments and the Crown restated its position, Boucher was also given a chance to address the court one last time. He pointed to his first nations culture as well.

'I'm Metis, so keep that in mind when (you're sentencing me),' he told Gower.

The judge reserved his decision until Aug. 31.