THUNDER BAY – Monica Spence will spend another nearly two years behind bars after being sentenced for her role in the beating death of her 62-year-old relative.
The 47-year-old on Friday was sentenced to five years after previously being found guilty of manslaughter in the December 2014 killing of Richard Spence, a distant cousin, who was found dead in a pool of blood on the bedroom floor of his Secord Street apartment.
After receiving pre-sentence custody credit of more than 1,100 days, Spence will have just less than two years remaining which will be followed by a three-year probationary period. Defence lawyer Christopher Watkins had been seeking a sentence that would have allowed her to be released on community supervision after factoring in time already served.
She, along with her former boyfriend Daniel Debassige, had both been originally charged with manslaughter. Following a two-week jury trial held earlier this week, Debassige was convicted of murder while Spence was found guilty of the lesser charge of manslaughter.
The 41-year-old Debassige, as a result of the murder conviction, received a mandatory life sentence and will not be eligible for parole for the minimum 10-year period as Newton accepted a joint submission from Crown prosecutor Rob Kozak and defence lawyer Francis Thatcher.
The body of Richard Spence was found in the apartment in the early hours of Dec. 21, 2014. Superior Court Justice Danial Newton, describing the victim as being “brutally beaten and left to die in a pool of his own blood,” wrote in his reasons that crime scene photos and blood spatter analysis indicated Spence had been kicked repeatedly in the head while prone on the floor. The autopsy identified 44 injuries to his head and neck.
Evidence presented during the trial indicated Monica Spence was intoxicated and fell asleep before waking up to being sexually assaulted by Richard Spence. In his reasons for sentence, Superior Court Justice Danial Newton determined he accepted the evidence she was being sexually assaulted and that she was being restrained or confined.
Three of Richard Spence’s siblings, and one niece, provided the court with victim impact statements and expressed outrage over the apparent lack of remorse shown by the pair.
“The social worker at the correctional centre reports that Ms. Spence does not accept responsibility for her actions and continues to express anger and resentment towards the victim rather than remorse,” Newton said.
A similar sentiment was noted in Debassige’s pre-sentence report.
“(Debassige) expressed remorse for the impact of this death on the family of the victim but justifies his behaviour in that he acted impulsively upon learning that his partner was sexually assaulted,” Newton said.
The victim impact statements, which Newton expressed appreciation to the family for providing, also described Richard Spence as being a “happy gentleman” who was an important part of the family.
They described how the “violently and senselessly” manner he was killed enhanced their grief and urged the judge to impose the maximum sentence.
“While I appreciate that you may not agree with my decision for the reasons that you have expressed, I hope that you, at least, understand the principles that have guided my decision,” Newton said.
Spence will serve her sentence in a provincial correctional facility, with Newton including a recommendation to the Algoma Treatment Centre. Debassige will be sent to a federal penitentiary, with Newton recommending he serve his time in one of three minimum security healing lodges in Western Canada.
Upon their release, both will also be subjected to a 10-year weapons ban and must submit a DNA sample.
