The NWT Court of Appeal has determined that a Fort McPherson man sent to prison for three years for manslaughter isn't deserving of a lengthier sentence for a more serious offence, as sought by the Crown.

The offence occurred on June 28, 2018, when Nerysoo and his cousin Davey Stewart, 32, were drinking at their friend Calvin FrancisSA国际影视传媒� residence in Fort McPherson. 

Francis recounted that the cousins got into an SA国际影视传媒渁bruptSA国际影视传媒� argument and they SA国际影视传媒渨ere not making any sense.SA国际影视传媒� Though Francis encouraged them to stop, the argument escalated. Nerysoo, 33, admitted to punching Stewart several times in the head and that after the victim fell to the ground he then SA国际影视传媒渟tomped on his stomach a couple of timesSA国际影视传媒� until he SA国际影视传媒渇elt it was good enough.SA国际影视传媒�

The fight was apparently sparked when Nerysoo SA国际影视传媒渓ost itSA国际影视传媒� after he thought his cousin had SA国际影视传媒渟ucker punched him.SA国际影视传媒� 

Francis said the incident lasted about five minutes. Nerysoo left afterwards.

Francis helped Stewart to his feet and sat with him on the couch, where Stewart lied down and eventually passed out. Francis later noticed that Stewart appeared to not be breathing and called 911. He performed CPR until arrived. 

Stewart was pronounced dead the next day of traumatic brain injury from blunt force. 

Nerysoo turned himself in to the police and was immediately admitted into custody. At the time of sentencing in June 2019, he told the judge, SA国际影视传媒淚 take full responsibility for what happened and I plan on turning my life around.SA国际影视传媒�

Mahar noted that Nerysoo SA国际影视传媒渟eems to be very contained,SA国际影视传媒� but was crying at the time of the hearing.

SA国际影视传媒淗e was clearly very upset about what is happening and very sorry, and that has been clear the whole way through this,SA国际影视传媒� the judge said.

Mahar sentenced Nerysoo to three years imprisonment, which would equate to 560 days when credited for time served in remand. The judge added three years of probation, whereby Nerysoo is required to serve 200 hours of community service, abstain from alcohol and seek counselling and treatment as required.  

Terms of appeal

In appealing, the Crown submitted that Mahar erred in interpreting the agreed statement of facts, and subsequently SA国际影视传媒渟entenced for a lesser crime than was committed." 

The Crown sought a sentence for Nerysoo that was towards the middle range of possible imprisonment of five to seven years. Crown lawyer Blair MacPherson placed greater emphasis on the beating that continued after Stewart had fallen when the fight was "effectively over.SA国际影视传媒� It demonstrated a lack of consent in the later stages of the assault, according to MacPherson.  

The Court of Appeal can only intervene if the sentence is SA国际影视传媒渄emonstrably unfit,SA国际影视传媒� or if the sentencing judge made an SA国际影视传媒渆rror in principleSA国际影视传媒� that had an impact on the sentence. Examples of an error in principle would include: failure to consider a relevant factor, error of law, or erroneous consideration of an aggravating or mitigating factor. 

 'A very sad case'  

In response to MacPhersonSA国际影视传媒檚 submissions over the continued beating, the Court of Appeal said the Crown's SA国际影视传媒渃haracterization is not unreasonable.SA国际影视传媒� Nevertheless, in the written judgement issued Wednesday, the court said the real issue on appeal is SA国际影视传媒渨hether there is juridical significance to any such error.SA国际影视传媒� Even if the sentencing judge did somewhat misconceive the sequence of events, the memo stated, SA国际影视传媒渋t is not entirely clear what effect, if any, the misconception would have on the actual sentence imposed.SA国际影视传媒�

Ultimately, the Court of Appeal called MaharSA国际影视传媒檚 original decision SA国际影视传媒渋ntelligible, defensible and accountable.SA国际影视传媒� 

SA国际影视传媒淓ven having regard to the alleged error by the sentencing judge,SA国际影视传媒� the memo stated, SA国际影视传媒渢his case would not be in the middle or higher levels of gravity for manslaughter.SA国际影视传媒�

The Court of Appeal acknowledged the need to protect the public, deter others from such acts and hold the offender to account, but contended that the imposed sentence does not SA国际影视传媒渇all short of serving those objectives.SA国际影视传媒�

In the written decision, the court acknowledged that SA国际影视传媒渁s with all manslaughter cases, there is nothing that the law can do to reverse what happened.SA国际影视传媒�

SA国际影视传媒淭his is a very sad case.SA国际影视传媒�