The Tribune

By PAVEL BAILEY

Tribune Staff Reporter

pbailey@tribunemedia.net

PROSECUTORS have asked a Supreme Court judge to sentence a man convicted of fatally stabbing his 21-year-old girlfriend in their South Beach apartment in 2012 to 20 years in prison, while the defence is seeking a term of seven to 12 years.

Trevor Smith, 54, remained silent in the prisoner’s dock as sentencing submissions were made before Justice Jeannine Weech-Gomez following his manslaughter conviction.

Smith fatally stabbed Anthonique Hunter in the chest during an argument at their South Beach apartment on October 10, 2012.

He told police that Hunter came at him with the knife and that the stabbing occurred after he disarmed her.

Smith had initially been charged with murder, but a jury acquitted him of that offence and convicted him of the lesser charge of manslaughter.

Defence attorney Cassie Bethel said the verdict reflected a finding that Smith did not intend to kill Hunter.

Ms Bethel said Smith was capable of rehabilitation and argued that a sentence of seven to 12 years would be proportionate and fair.

She identified the seriousness of the offence and the intimate relationship between Smith and Hunter as aggravating factors.

Ms Bethel said it appeared that the relationship was breaking down at the time of the killing.

She said the mitigating factors included Smith’s prior clean record, his employment history and remorse expressed in a letter dated August 17.

The defence also said Smith had accepted responsibility for his actions.

Ms Bethel told the court that Smith had been diagnosed with major depressive disorder with psychotic effects, which she said affected his perception and judgement.

Justice Weech-Gomez pointed out that the diagnosis was made after Hunter’s death.

Ms Bethel said the diagnosis did not excuse Smith’s conduct but should be taken into account when assessing his moral blameworthiness.

She said Smith has been treated with antidepressants and antipsychotic medication while incarcerated and no longer hallucinates or reports homicidal or suicidal thoughts.

Ms Bethel argued that the improvement in his mental state showed he was capable of reform and eventual reintegration into society.

Although manslaughter can attract a life sentence, she urged the court to impose a lower custodial term that balanced punishment with rehabilitation.

Prosecutor Terry Archer, however, called for a 20-year sentence.

Mr Archer said Hunter wanted to leave the relationship and that the dispute culminated in her being stabbed, her body wrapped in a sheet and the apartment locked.

He said police had to force their way into the premises with the landowner’s permission before Hunter’s body was discovered.

Mr Archer said there was no evidence that Smith suffered from mental illness before the offence and argued that his depression and suicidal thoughts arose after his conviction and imprisonment.

The prosecution identified the seriousness of the offence, the use of a knife and the concealment of Hunter’s body as aggravating factors.

Mr Archer also referred to the prevalence of violence against women.

He acknowledged Smith’s lack of previous convictions and his remorse, but argued that the aggravating factors outweighed those considerations.

Mr Archer said Smith had no right to kill Hunter because she wanted to leave him and argued that her death could have been prevented if he had walked away. He also said that although Smith had expressed remorse, Hunter’s mother was still forced to relive her daughter’s death during the trial.

The prosecution asked the court to impose a sentence with a strong deterrent effect.

Mr Archer said that even if Smith is capable of rehabilitation, the sentence should not be so lenient that it loses that deterrent value. Smith returns for sentencing on October 1.