Two year’s added to killer’s time
A two-time killer has had two years added to his sentence for breaching conditions of a peace bond he had agreed to after being released from his latest manslaughter conviction.
Provincial court Judge Sharon Van de Veen on Thursday imposed the sentence M.B. who had pleaded guilty to entering a liquor store to purchase alcohol and for having alcohol and cocaine in his system after a urine analysis test on June 19.
The prison time will be served consecutive to another two-year sentence that M.B. received in October 2010 for five breaches of a peace bond - not abiding by a residency clause, not carrying his peace bond paperwork with him, being un-lawfully at large, and consuming alcohol and drugs.
Van de Veen said the peace bond is important to protect the public from M.B., who has a history of violence when he is under the influence of alcohol.
"The potential for harm and danger to the public means that any relapse in the use of alcohol is very significant," said the judge. "His consumption places the public at significant risk. He has nine prior breaches and whether or not all of his prior criminal behaviour is due to alcohol doesn't matter."
Crown prosecutor Iwona Kuklicz had argued for a sentence of 21/2 years, saying it should be higher than the last one meted out. Defence lawyer Andrea Urquhart said two years was sufficient for denunciation of the crimes and as a deterrent to M.B. and others.
"I take no issue that alcohol was a significant factor in the most recent manslaughter," Urquhart said. "But the 1990 manslaughter was not one of those offences where alcohol was a large, underlying factor."
Urquhart also said her client clearly has an anger problem.
M.B. served a six-year sentence for manslaughter in the 2002 death of Huy Quang Nguyen in Calgary. At the time, he was on parole for another conviction for manslaughter in Edmonton in 1990.
Shannon Bird, M.B. and Nguyen met one night in 2002 in the Town and Country Hotel and began drinking together before continuing to drink in Nguyen's nearby suite.
Throughout the evening, Nguyen had been making sexual advances toward Bird, which eventually escalated into a fight between the two.
M.B., in an attempt to stop the ruckus, put Nguyen in a headlock and held him away from Bird, who continued to yell and fight.
While holding Nguyen in the headlock, M.B. applied "compressive forces" to his neck. An autopsy revealed a single fracture to cartilage in the larynx.
In the earlier case, he was sentenced to eight years for killing a man in 1989 when working as a male prostitute.
M.B. first conviction for manslaughter came after he stabbed a customer to death in Edmonton in 1989 in what the judge called "senseless butchery."
Court heard that M.B, then 19, punched and likely stomped on Patrick Bass's head to ward off the man's advances when he awoke in the middle of the night, the judge said
But instead of leaving the apartment, M.B. stabbed the man 22 times with a butcher knife. The conditions in M.B. peace bond include reporting to the high-risk offender program, advising of any change of address or travel plans, abiding by a curfew, and participating in treatment programs or counsel-ling as directed.
He also must not possess any alcohol or drugs, nor enter any drinking establishment. As well, he can't possess any firearms or other weapons, except a crossbow for hunting purposes as he has aboriginal status.
Daryl Slade, Calgary Herald
April 17 2012