N.W.T. killer's sentence too light: victim's brother

The brother of a man who was beaten to death in Inuvik, N.W.T., says he's angry with the five-year jail sentence handed to the killer, who has 19 previous convictions for assault.

Claude Harry, 37, pleaded guilty this week to manslaughter in connection with the death of Angus Kikoak, 45, in December 2009.

Harry was originally charged with second-degree murder in the attack, which was described in court as completely unprovoked.

Harry punched Kikoak six times in the face during a hotel room party in Inuvik. Court heard that the assault on Kikoak was so violent, it ruptured an artery and caused bleeding of the brain.

While Harry's guilty plea marks his 20th conviction for assault since the 1990s, he will spend less than five years behind bars.

"I think for a violent offender like that, I would've liked to have seen 15 to 20 [years]," Steven Kikoak, the victim's brother, told CBC News.

Eligible for parole in 14 months

In handing down Harry's sentence on Monday, N.W.T. Supreme Court Deputy Justice Rene Foisy gave double credit for the one year Harry spent in custody.

As a result, Harry has three years left in his sentence. He will be eligible for day parole in 14 months.

Court records show Harry has been sentenced 19 times for assault since the 1990s, including three convictions of assault against his wife.

In August 2002, Harry was convicted of assault causing bodily harm for attacking his wife while she was asleep. He told the court he did not remember biting his wife's nose with enough force to disfigure her. He was sentenced to 16 months in jail.

Harry has also been convicted on seven other occasions for offences related to drugs, theft, vehicle infractions and breaking and entering.

Most of Harry's jail sentences have been for less than four months in territorial jail. Four of the sentences were for one year or more.

Steven Kikoak said he believes there is a problem with the Northwest Territories' justice system and violent offenders like Harry "getting such short periods of time" behind bars.

Mitigating factors

Both Crown and defence attorneys have said Harry's sentence for manslaughter is not unusual, citing several mitigating factors:

• Harry's guilty plea to the crime.
• The fact that Harry was drunk at the time of the attack.
• The fact that Harry did not use a weapon in the attack.

Crown prosecutor Glen Boyd said those factors leave some doubt that Harry intended to kill Kikoak.

"Given the level of intoxication, it would have been virtually impossible for the Crown to establish the requisite intent for second-degree [murder]," Boyd said.

"In accepting the guilty plea and entering his decision, the judge made a comment … that he felt this was the appropriate charge."

Boyd said the Crown's office did not attempt to have Harry designated as a long-term or dangerous offender — a label that could have increased his jail sentence — but he would not say why.

The outrage sparked by Harry's sentence reached the Northwest Territories legislature this week, when Yellowknife Kam Lake MLA David Ramsay raised the issue of criminal sentences on Tuesday.

"I appreciate the questions he asked about what the system will do differently this time, since the system failed [Harry] 19 times before that," Steven Kikoak said.