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."
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.
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.
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.
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.
It is a priority for CBC to create a website that is accessible to all Canadians including people with visual, hearing, motor and cognitive challenges.
A man who strangled his wife and concealed her body after enduring what he described as years of domestic abuse will serve another three years in prison. The container investigators allege was used to contain the body of Lisa Mitchell is seen in this undated police handout image which was entered into evidence in the trial of Allan Shyback, who is accused of killing Mitchell, 31, and hiding her body in the basement of their home. Allan Shyback was found guilty last year of manslaughter and indignity to a body in the 2012 death of Lisa Mitchell in the couple's Calgary home. HO / THE CANADIAN PRESS
CALGARY — A man who strangled his wife and concealed her body in the family home after enduring what he described as years of domestic abuse has been given an additional three years in prison.
Allan Shyback was convicted last year of manslaughter and indignity to a body in the 2012 death of Lisa Mitchell in the Calgary home they shared with their children.
Her mother, Peggy Mitchell, was in tears Thursday afternoon after receiving news of the increased sentence.
The Crown appealed Shyback’s original seven-year prison term and the Alberta Court of Appeal ruled Thursday that the judge made sentencing errors.
Shyback testified that he killed Mitchell while he was defending himself as she attacked him with a knife. He said he panicked, put her body inside a plastic bin and cemented it into a basement wall.
An undercover police operation began in 2013 and ended with Shyback’s confession and arrest in Winnipeg.
The Appeal Court said the five years the judge gave Shyback for manslaughter were too low and should have been seven. It also found the two-year sentence for disposing of Mitchell’s body was inadequate and should have been three.
“For two years, the respondent led the deceased’s family to believe that she was alive and there was some hope of her returning. He maintained this deception until the Mr. Big operation revealed the truth,” Justice Jack Watson wrote on behalf of the three-member panel.
“It was particularly cruel for the respondent to suggest to the children that their mother had abandoned them but might return one day, even though he knew she was entombed in the basement of the house in which they were all living.”
“Having regard to the gravity of the offence and the degree or responsibility of the respondent, the sentence imposed was demonstrably unfit.”