Man's killer is ordered to serve three-year term
A woman who pleaded guilty to manslaughter for the death of a 28-year-old man in Pelly Crossing will serve three years in prison.
A woman who pleaded guilty to manslaughter for the death of a 28-year-old man in Pelly Crossing will serve three years in prison.
Christina Asp, 27, was before Yukon Supreme Court late Friday afternoon for the stabbing death of Keith Blanchard.
Described by the Crown as being in an 'on-again, off-again' relationship, Asp killed Blanchard by plunging a 13-inch butcher knife six inches into his chest on Feb. 21, 2004.
The relationship was volatile and marked by verbal abuse and excessive consumption of alcohol, said Justice Ron Veale. Both Asp and Blanchard had been charged with assault against each other, although neither was convicted.
In his decision, Veale sentenced Asp to five years in prison for manslaughter.
The Crown has asked for a sentence of six years while the defence had sought four years.
Asp will only spend three years in a federal penitentiary, however, because she was given two years' credit for the 417 days she has already spent in jail.
People who are incarcerated before their trial can be given anywhere from 1.5 to two days' credit for every day spent in jail before their case makes it into court.
Asp was given credit of 1.7 to one days for the time she spent in Whitehorse Correctional Centre, Veale told the court, primarily because alcohol and substance abuse programs have not been available to female inmates.
Veal described Alcoholics/Narcotics Anonymous (NA/AA) as 'a most vital program' for Asp.
Documents filed during the hearing state that due to staffing issues, the volunteer-run program has not been offered to women.
The night Blanchard was killed, he and Asp had been drinking heavily.
The blood alcohol level for Blanchard was 0.281 per cent while Asp had between 0.215 and 0.230. This puts them both at about three times over the legal driving limit.
Defence lawyer Ed Horembala told the court earlier in the hearing that Asp had left home at the age of 12. She essentially became a street person, he said.
She also suffered sexual abuse, as both a child and a teenager, at the hands of older male relatives and friends of the family, Crown prosecutor Michael Cozens told the hearing.
Asp began stealing and panhandling, as well as exchanging sex for drugs, food and shelter, Veale said Friday. She always had a boyfriend as well as 'sugar daddies' on the side to support her.
She has had suicidal tendencies at various times of her life, Veale said.
He credited Asp with having entered an early guilty plea and being remorseful for having taken Blanchard's life.
'She was immediately remorseful,' he said.
'She has shown genuine remorse and cries when she talks about Keith Blanchard.'
Moments after the stabbing, Asp asked a friend to call an ambulance. When he returned, she was applying pressure to the wound on Blanchard's chest with a towel.
'Hold on, Keith. I still love you. I'm sorry,' he heard her say.
There were aggravating factors in the case as well though, Veale said.
In Asp's case, alcohol was deemed an aggravating factor, although it is not always.
'Needless to say, in the Yukon, intoxication and crime go hand-in-hand. Intoxication is a two-edged sword,' Veal read from his decision.
'On one hand, it reduces the capacity to intend certain consequences which in this case has resulted in a manslaughter conviction rather than a murder conviction. But at the same time, it decreases the level of inhibition and results in intoxicated people committing senseless violent acts which, in this case, deprived Keith Blanchard of his life.'
Blanchard and Asp were in a common-law type of relationship, he said. Violence against a spouse is always an aggravating element.
'Domestic violence is a serious problem in Yukon society and should be denounced in clear and unequivocal terms,' Veale said.
There was violence on both sides of the relationship, however, he added.
'This fact means that the violence in this relationship was not one-sided but rather indicative of a mutually destructive relationship.'
Asp did not speak while court was in session on Friday afternoon.
As the sentence was read out, Asp was facing forward, and her face was not visible to the gallery.
Before leaving the courtroom, she hugged and spoke quietly to a few people who had attended the sentencing.
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