The Alberta Court of Appeal has increased prison time for a Calgary man convicted of strangling his wife and entombing her body with cement in the basement of their home.
Allan Shyback was originally sentenced to five years for the manslaughter death of Lisa Mitchell, as well as two years for causing an indignity to a human body.
The Alberta Court of Appeal granted the Crowns request on Thursday, saying that the trial judge erred in her decision in regards to the manslaughter sentence, saying that it wasnt enough to match the gravity of the offence and Shybacks responsibility.
The appeal court has now added an additional three years to Shybacks sentence, bringing his total sentence up to 10 years.
The panel of justices ruled the original trial judges categorization of this manslaughter was demonstrably unfit, adding two years for that offence.
Considering all the circumstances, and having regard to the gravity of the offence and the degree of responsibility of the respondent, the sentence imposed was demonstrably unfit, the written ruling reads.
Shyback was later the target of an undercover police operation. He opened up to undercover officers in multiple recorded conversations during a police sting operation in Winnipeg.
I pushed back at her… At some point my hands were around her neck, Shyback told the officer. I remember trying to let go, trying to stop. And then she was gone.
The recorded conversation continued with Shyback explaining he panicked and hid Mitchells body in the basement of their Ogden home.
I boarded a little corner off. Mixed concrete. Poured it into the corner so there was a big kind of corner slab in the corner of the basement that was hidden by a lot of boxes and stuff, he said.
Her mother, Peggy Mitchell, was in tears Thursday afternoon after receiving news of the increased sentence.
Shes kept a record of all news articles and when they are ready, plans to explain what happened to their mother.
Thats the end of the road, he told Global News. Theres no further option of appeal.
With credit for time already served, Shyback would have been eligible for release in the near future. Der said this decision will delay that process.
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The Calgary father who strangled his wife and hid her body in their basement where he lived with their children for a year before he was caught will spend more time in prison.
On Thursday, the Alberta Court of Appeal increased Allan Shyback's sentence from seven to 10 years after hearing arguments from prosecutor Sarah Clive and defence lawyer Balfour Der last week.
The panel of judges found Shyback's sentence was "demonstrably unfit having regard to the gravity of the offence and the degree of responsibility of the respondent."
Originally charged with second-degree murder, Shyback was convicted in 2017 of manslaughter and indignity to Lisa Mitchell's body.
Shyback received a five-year sentence for the manslaughter conviction plus two years to be served consecutively for indignity to a body.
In 2012, Shyback strangled Mitchell during an argument and then tried to cover up his crime by placing Mitchell's remains in a Rubbermaid container and cementing it into a wall in the corner of the basement.
In its decision, the Court of Appeal called the offender's next moves his "long deception." Shyback kept up lies that Mitchell had disappeared, causing her family and children years of false hope and anguish.
During his trial, Shyback told the court he'd been the victim of domestic abuse for years and, on the day of the fatal argument, Mitchell came at him with a knife.
Mitchell was last seen in Calgary in October 2012. An undercover police operation started in 2013 and ended with Shyback's confession and arrest in Winnipeg a year later.
He told undercover officers he panicked when he realized he had killed Mitchell and was afraid that if he called police, his children would be taken away.
The prosecution originally proposed a 13- to 15-year sentence for the two convictions. Defence lawyer Der argued for a five-year prison sentence. The couple's children now live with their maternal grandmother.
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