Ontario judge admits he read wrong decision sentencing Peter Khill to 2 extra years in prison for manslaughter
CBC
An Ontario Superior Court justice has admitted he mistakenly imposed a prison sentence two years longer than he intended at the end of a high-profile manslaughter case in Hamilton because he read out the wrong decision in court.
Justice Andrew Goodman wrote a letter sent to the Court of Appeal last month that said he meant to sentence Peter Khill to six years in custody for the death of Jonathan Styres, but instead handed down eight years in June 2023.
Goodman said he knew he'd made a mistake right away, but didn't take any corrective action until over a year later when he submitted his letter to the Court of Appeal.
"I acknowledge that the timing and scope of this letter to the Court of Appeal may be somewhat unprecedented, and is an extraordinary step in this criminal proceeding," Goodman wrote.
"Nevertheless, I feel strongly compelled and duty bound."
The letter, dated Aug. 12, was filed with the Court of Appeal this week, after Khill had already begun the appeal process.
Khill's lawyers argue he should be acquitted of manslaughter, get a new trial or that his sentence be reduced to four years — the minimum penalty for manslaughter — or six years given the revelations in Goodman's letter.
This sentencing error comes after an already lengthy and complicated criminal justice process spanning three trials, multiple appeals and a Supreme Court ruling.
University of Toronto criminal law Prof. Kent Roach said over his 35-year career, he's never seen a letter like the one Goodman wrote and it seems "unusual" it would take a judge more than a year to admit he read the wrong ruling.
"This mistake is embarrassing for the administration of justice," Roach said.
"If our courts make an error, particularly one that affects the liberty of the accused, they should be more willing to correct their mistakes."
The shooting took place in February 2016, after Khill, then 26, woke up to noises. He grabbed his shotgun and ammunition, and went outside.
He found Styres breaking into his truck and fired two shots, killing the 29-year-old Cayuga father of two from Six Nations of the Grand River.
Khill was charged with second-degree murder and pleaded not guilty. In 2018, he was acquitted by a jury.
