“This offender, I note, is solely responsible, by his assault of Mr. Honish, of killing him,” judge says
The “vicious” beating death of a roommate he evicted moments after the assault, should land a Calgary man a six-year prison term.
But the lawyer for Collin Dean Oxtoby argued Tuesday a four-year sentence would be appropriate for the offender on a charge of manslaughter.
Defence counsel Jim Lutz challenged suggestions by Crown prosecutor Gord Haight his client was “callous” in his treatment of Kevin Honish.
“Mr. Oxtoby was extremely upset about the death of Mr. Honish,” Lutz told Court of King’s Bench Justice Michele Hollins.
“This offender, I note, is solely responsible, by his assault of Mr. Honish, of killing him,” Haight said.
“His actions didn’t (simply) contribute to or hasten Mr. Honish’s death.”
The prosecutor said in some criminal act manslaughter cases the victim is assaulted, but the deaths are caused by subsequent falls.
“The beating here itself caused the fatal injury.”
Honish was later hospitalized for what turned out to be a subdural hematoma and died just over a week later.
“It’s not an exaggeration to call the beating a vicious one,” Haight said.
He said Oxtoby later described the assault to Honish’s sister, Tammy Doucette, using offensive and derogatory language.
“That callous attitude was also displayed by what I would say was a less than candid version of events (to police).”
Family has no ‘expiry date for our grief’
Lutz argued Hollins shouldn’t consider his client downplaying the assault in his statement to investigators as an aggravating factor, noting it would be no different than an accused being disbelieved while testifying.
The defence lawyer said sentences in the six- to seven-year range often involve the use of weapons and more prolonged assaults.
Lutz also argued Oxtoby’s prior criminal record, which totalled 49 convictions, only had two dated assaults on it.
“We don’t have a replete record for violence,” he said.
“You have to take into account the very dated record. That in my respectful submission does not aggravate the case before the court.”
Before submissions from the lawyers, Hollins heard a victim impact statement from Doucette.
The sister noted that while Oxtoby will eventually be freed, their family will suffer grief for the rest of their lives.
“Our family does not have an expiry date for our grief and our loss,” Doucette said.
“The pain we have suffered is immeasurable.”
Doucette also said the Honish family “will never forgive this ruthless act in any way.”
Hollins will hand down her sentencing decision next month.
Oxtoby remains in custody pending her ruling.