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Judge admits 20-month jail sentence not adequate

By: Mike McIntyre

Posted: 10/31/2012 3:19 AM | Comments: 0

A Manitoba judge has handed down what she admits is a woefully inadequate sentence for a domestic-related killing.

Joseph Ross, 48, pleaded guilty to manslaughter for the September 2010 attack that left his girlfriend, Flora Trout, dead. Ross admitted he stabbed the 44-year-old victim multiple times and smashed an industrial stapler over her head, leaving her in a pool of blood inside their home in God's Lake Narrows First Nation, 550 kilometres northeast of Winnipeg.

Ross was sentenced Monday in Thompson to just 20 more months in jail, in addition to the 25 months of time already served. The Crown had sought a 10-year penalty, but provincial court Judge Shauna Hewitt-Michta said there were extenuating circumstances that required a more lenient penalty, which is not to be used as a precedent.

Specifically, Hewitt-Michta noted the Crown had a weak case that nearly got thrown out during the preliminary hearing. There was a likelihood Ross would have been acquitted had he fought the charge at trial, and only his guilty plea and acceptance of responsibility allowed for the victim's family to have some closure.

"This isn't the right sentence for a brutal killing. Looking only at the offence, it's not a fit sentence," Hewitt-Michta said.

Defence lawyer Darren Sawchuk had argued it would be dangerous not to give his client extraordinary credit for the guilty plea. Failing to do so might result in future homicide cases being lost because the accused won't agree to a plea bargain if they feel there will be no tangible benefit.

Ross had little explanation for his violent actions. He claims to have been in an alcohol-induced fog.

When RCMP arrived at the victim's home, she was not breathing.

Ross initially claimed an intruder must have broken in and attacked her, but he later confessed to being responsible once he sobered up.

"I know they had a weak case against me and there was a chance I'd be acquitted," Ross told court Monday.

"I didn't want to drag (the victim's family) through that. I want closure. Hopefully, time can heal everybody."

Ross has an extensive criminal past, which includes more than a dozen convictions for violence.

He has been to prison on four occasions and remains a high-risk to re-offend, court was told.

Much of his offending behaviour comes from a horrific upbringing and addictions, his lawyer said.

www.mikeoncrime.com

Republished from the Winnipeg Free Press print edition October 31, 2012 B3

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