The BC Court of Appeal has unanimously rejected a Crown appeal of the five-year sentence handed to gay former Odyssey bouncer Sasan Ansari.
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A jury convicted Ansari of manslaughter last November for the May 23, 2006 killing of Joshua Goos at West Vancouver‘s Hollyburn Country Club.
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At trial, Ansari admitted he stabbed Goos repeatedly but claimed he had no memory of the incident.
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Justice Mark McEwan found that Goos had been stabbed 30 times. Security cameras showed a trail of blood.
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The jury also heard that Goos had loaned $90,000 to his high-school friend and had been demanding repayment of a significantly higher amount.
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McEwan said the details of the business dealing between the two were not clear.
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He did say, though, that Goos had told Ansari he was bringing someone else to the country club meeting.
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McEwan described that as a threat. “There is much more to Mr Goos than the evidence [shows],” he said.
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Ansari’s lawyers argued a defense of automatism, a dissociative state which is a recognized psychiatric condition resulting in amnesia.
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Defence lawyer Peter Wilson said the evidence also pointed to Goos as being the aggressor in the confrontation.
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Ansari had testified that Goos pulled a knife and threatened to harm Ansari’s boyfriend and family members.
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In the appeal, the Crown submitted that in sentencing Ansari Justice Mark McEwan “failed to properly assess the gravity of the offence and significantly underestimated Mr Ansari‘s moral blameworthiness.”
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The prosecution had asked for 12 years in jail at sentencing. On appeal, it asked for the sentence to be increased to eight years.
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Justice Robert Baumann ruled that it is not the role of the appellate court to re-assess sentencing.
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But the appeal court‘s decision did allow for an appeal of the verdict.
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Ansari will be eligible for statutory release after serving two-thirds of his sentence.