Brother outraged over sentence
Killer will likely avoid prison time down south after judge credits him for time served
Paul Bickford
Northern News Services
Published Monday, December 22, 2014
HAY RIVER
The brother of manslaughter victim Mary Laboucan is outraged at the prison sentence handed to her killer, which will likely spare him penitentiary time down south.
Steven Sayine was sentenced to five-and-a-half years' imprisonment Dec. 18 for the death of his common-law wife, whom Sayine kicked in the head during an alcohol-fuelled fight in their Fort Resolution home on June 16, 2012.
However, NWT Supreme Court Justice Louise Charbonneau credited Sayine three years and nine months for the two-and-half years he served in pre-sentence custody awaiting trial. That means Sayine, 40, has a year and nine months left to serve.
Laboucan, 48, died in an Edmonton hospital three days after the incident that led to her death from acute subdural hematoma – bleeding inside the skull which caused irreparable damage to the brain.
John Luke, the brother of the victim, says Sayine should spend the rest of his sentence serving hard time in a federal prison down south, and not in the Northwest Territories, where jail time is relatively less harsh.
Following sentencing, Crown prosecutor Marc Lecorre confirmed Sayine will likely remain in the Northwest Territories because convicts typically serve their time in the NWT if the sentence is less than two years.
"I was so horrified when I heard that she only was giving him a little over five years," said Luke of the judge, who watched the sentencing on closed-circuit television in a Yellowknife courtroom.
"I thought he would get at least, at the minimum, eight years, which would put him in the big house down south."
The Yellowknife resident also noted most of the sentence will be taken up with time served.
"So there's a good chance that he'll be out within less than a year on good behaviour," he predicted.
"I really feel sorry for the people that came forward as witnesses because they have to live in the same community as Steven Sayine, and I feel for them because they were good enough to come forward and speak the truth."
Horrible death
Luke said his sister died a horrible death.
"Five and a half years for a person's life," he said. "She was given a forever sentence. Mr. Sayine was not."
Luke also took issue with the sentence because Sayine has many prior convictions, several of them for violent crimes.
Charbonneau explained her reasoning behind the sentence before announcing it.
"I do not doubt (Sayine) is very sorry about Miss Laboucan's death," said Charbonneau, although she noted he has not acknowledged full responsibility.
The judge pointed to Sayine's lengthy criminal record as an aggravating factor, since it contains many convictions for crimes of violence, including assault and uttering threats.
"It shows a pattern of violence over many years," she said, explaining the manslaughter conviction cannot be categorized as an isolated incident.
Charbonneau said another aggravating factor was that the crime involved a spouse, noting spousal violence is something that sadly happens frequently in the NWT.
During trial, Sayine testified Laboucan had fallen backwards and hit her head while they struggled over a bottle of alcohol.
He claimed he was worried the bottle might contain paint thinner and he wanted to smell the contents.
However, witnesses testified Sayine told them on that day that Laboucan was injured when he kicked her in the head and caused her to fall.
While the trial was held in September, Charbonneau delivered the verdict on Oct. 29 and adjourned sentencing to last week to allow for a pre-sentence report.
As the sentence was announced, there was no visible reaction by Sayine, who has been in custody since June 20, 2012.
Lecorre said the judge properly took into consideration the facts of the case, including the aggravating and mitigating factors.
The Crown had requested a sentence of seven or eight years, while the defence had proposed four years.
Charles Davison, the lawyer for Sayine, declined to comment following the sentencing.
For a manslaughter conviction, the Crown has to prove that an accused committed an unlawful act that resulted in death.
– with files from Cody Punter
