Levi CayenSA国际影视传媒檚 lawyer is requesting he be sentenced to two years less a day, with credit for time served, for the 2017 killing and robbery of Alex Norwegian.
Alan Regel made the request in the Supreme Court of the Northwest Territories on Wednesday afternoon, the third day of sentencing hearings for Cayen.
Crown prosecutor Duane Praught had asked the previous day for 15 years for the manslaughter charge and 10 years for the robbery charge, punishment that Regel called SA国际影视传媒渦nduly harsh.SA国际影视传媒�
Regel pointed out that Cayen had agreed to plead guilty to a manslaughter charge in addition to the robbery charge, despite initially being charged with first-degree murder.
However, Praught cited a decision by the Alberta Court of Appeal that ruled that a pledge to plead guilty to a charge is only SA国际影视传媒減otentially mitigatingSA国际影视传媒� in determining a sentence.
With regards to the attack itself, Regel argued his client was not excited to take part, but was instead SA国际影视传媒減esteredSA国际影视传媒� by his co-conspirators.
He also pointed to his clientSA国际影视传媒檚 impaired judgement on the night of the attack: SA国际影视传媒淗e cannot put all the blame on alcohol, but it certainly played a part,SA国际影视传媒� he said.
Regel asked that Cayen serve concurrent sentences for the manslaughter and robbery charges, since they constituted SA国际影视传媒渙ne transaction.SA国际影视传媒� He further argued his client should not be sent to a penitentiary, which could SA国际影视传媒渆xpose him to hardened criminals, who are not a good influence on him.SA国际影视传媒� Instead, he recommended that his client serve a rehabilitative sentence with an 18 months probation.
As part of this rehabilitative period, Regel contended that Cayen should be granted an exemption that would give him access to a gun while engaging in traditional activities, such as hunting.
Since the beginning of the sentencing hearings, much debate has been devoted to the infractions Cayen committed while in custody, and whether they should prevent him from receiving credit for time served. On Wednesday, Regel argued the eight actions for which Cayen was disciplined SA国际影视传媒� including abusing phone privileges, being in other inmatesSA国际影视传媒� cells, and one incident where he took an SA国际影视传媒渁ggressive stanceSA国际影视传媒� against another inmate SA国际影视传媒� were minor, and would not normally result in jail time.
Regel also asked Justice Shannon Smallwood to ignore the emotional pleas of the victim impact statements that were read in court the previous day. The defence lawyer argued his client did express remorse, despite the claims of some of the victimsSA国际影视传媒� statements.
Cayen was found guilty in March of manslaughter for his role in the December 2017 beating and robbery of 25-year-old Norwegian, who was later left to die of hypothermia in his vehicle on the KatlSA国际影视传媒檕deeche First Nation.
Three other perpetrators SA国际影视传媒� Sasha Cayen, Tyler Cayen, and James Thomas SA国际影视传媒� have already been sentenced for their role in the attack on Norwegian.
Smallwood is expected to hand down a verdict on Thursday afternoon.
