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 mistake is embarrassing for the administration of justice.– Kent Roach, U of T criminal law professor
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.”
Defence argued for 4 years in prison
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.
The Crown appealed and the Supreme Court ordered a new trial that began in late 2022. However, it ended in a mistrial when Goodman discovered a juror had a “potential bias.”
The third, most recent trial — which Goodman also presided over — took place in December 2022. The jury found Khill not guilty of second-degree murder, but guilty of manslaughter.
The Crown argued Khill should be sentenced to 10 years in prison, while the defence asked for four years.
Goodman wrote in his letter to the Court of Appeal that he prepared three rulings that were identical except for the amount of time in custody — which ranged from six to eight years.
Goodman had decided on six years because of “substantial mitigating factors,” his letter said.
Khill didn’t have a criminal record, and in court expressed remorse for taking Styres’s life. He also provided 57 character references from family, friends, co-workers and others in the community — the most, Goodman said during the hearing, that he’d seen in his career.
But Goodman had grabbed the wrong decision when he left his chambers, and when it came time to read the prison term, he said eight years instead of six.
Colleagues ‘dissuaded’ judge from correcting mistake
Rhonda Johns, Styres’s aunt, told CBC Hamilton that his mother, Deborah Hill-Styres, was relieved when Khill was sentenced to eight years, and that she died shortly after.
Khill appealing his conviction — and being out on bail in the meantime — and the prospect he could serve less than eight years for manslaughter would have been “devastating” to Hill-Styres, Johns said.
“What’s wrong with eight years?” Johns said. “I think eight should stick, regardless of whether the judge made a mistake or not.”
The fact her family is still waiting for final word on Khill’s fate close to eight years after Styres’s death is “mind boggling,” said Johns.
“We’ve had to relive it over and over again, seeing and hearing all what [Jonathan] went through prior, during and after,” she said.
Khill’s wife, Milly, told CBC Hamilton in a statement that when she first read Goodman’s letter, she felt “deeply unsettled.”
She spoke on her own behalf, and not for Khill or his lawyers — all of whom declined to comment.
“The sequence of events described struck me as alarming and raised significant questions,” said Milly.
“Judges carry immense responsibility and power, which should always be exercised with great care and respect. The letter reveals a behind-the-scenes process that I find troubling and difficult to overlook”
Goodman said in his letter he didn’t immediately correct himself “perhaps due to a variety of factors, including having just read out a lengthy 53-page ruling before a crowded and divergent audience, with substantial media presence, for this high-profile case.”
After the hearing, he did consult several “experienced, judicial colleagues” about rectifying his error, but was “dissuaded” from doing so because the eight-year prison term was still an acceptable sentence for manslaughter, Goodman said.
Khill’s appeal hearing will take place in October. His lawyers will request that Goodman’s letter be entered as “fresh evidence.”
His lawyers will also argue Goodman made a number of other errors throughout the trial, including how he instructed the jury on their approach to considering evidence, among other issues, according to court documents.