A Victoria man has received a seven-year prison sentence for manslaughter in the November 2012 death of Clifford Roy Antonsen, a 53-year-old husband and father of three.
Victoria provincial court Judge Sue Wishart also handed Daryle Wayne Johnson a two-year concurrent sentence for the aggravated assault of Robert Lyle Antonsen, who was knifed in the face during the same fatal altercation that took his brother’s life.
Johnson, a 50-year-old alcoholic, pleaded guilty to both offences in January. He was originally charged with murder.
On Tuesday, Johnson stared straight ahead in the prisoner’s docket as Wishart delivered her decision before the standing-room only courtroom. Clifford Antonsen’s wife, Deborah, and his three daughters, Aubrey, 24, Noelle, 21, and Autumn, 19, sat with friends and relatives in the first two rows.
Wishart gave Johnson credit for the time he has spent in jail since his arrest on Nov. 10, 2012, including time and a half for 68 days due to delays in the sentencing process. Johnson must spend a further five years, seven months and 17 days in custody.
Prosecutor Carmen Rogers had asked for a sentence of seven to eight years, while defence lawyer Kevin McCullough asked for a sentence in the range of four to six years.
Outside court, Robert Antonsen, who still bears the scar on his face, was clearly unhappy with the sentence.
“I don’t think anybody’s life is worth five years, especially with the record he’s got,” Antonsen said. “Nobody’s life is worth that.”
An agreed statement of facts, read into the court record, shows that Clifford Antonsen died from a deep stab wound to the abdomen inflicted by Johnson on the night of Nov. 9, 2012. Robert Antonsen was slashed from his forehead to his nose.
But because everyone — except Clifford Antonsen — had been drinking heavily that day, the exact circumstances of what happened that night are unknown.
In the statement, Johnson admitted the stab wounds were intentionally inflicted and that his actions were excessive. But he was intoxicated at the time and did not have the necessary intent for murder.
Earlier that day, Johnson and his girlfriend, Brenda Cheetham, had gone to Robert Antonsen’s apartment and consumed a large quantity of beer.
During the afternoon, Clifford Antonsen dropped by to check on his brother, who had medical problems and was addicted to prescription medications and alcohol. About 8:30 p.m., Clifford Antonsen and Johnson went to a nearby beer and wine store and purchased some beer.
Later, an argument broke out when Robert Antonsen saw Cheetham falling asleep on the couch and told her to leave. Johnson became involved and Clifford Antonsen stuck up for his brother.
During the argument, Johnson armed himself with a knife from the kitchen and stabbed both brothers.
Wishart found the aggravating factors in the case were the use of the knife and Johnson’s criminal record. It is important to consider his record to assess his prospects for rehabilitation and his history of violent offences, which reflects his struggle with drugs and alcohol addiction, she said.
Johnson had been crime-free from 1986 to 2006. In 2006, he became addicted to drugs and alcohol. His marriage broke up, and by 2007 he was living on the street. Although Johnson stopped using drugs in 2010, he continued to drink.
“I expect if Mr. Johnson addresses his alcoholism, the likelihood of him committing a violent offence in the future would decrease significantly,” Wishart said.
Johnson’s convictions in November 2011 for assault causing bodily harm and two assaults are particularly aggravating, said Wishart. He was sentenced to 15 months in jail and released on conditions not to consume alcohol or enter a beer and wine store.
“Specific deterrence must be addressed as Mr. Johnson has received lengthy sentences in the past for crimes of violence with no resulting changes in his behaviour. He was on probation at the time of this offence and in breach of his condition to abstain from drinking alcohol,” Wishart said.
“While I am moderately optimistic for Mr. Johnson’s prospects for rehabilitation, the aggravating factors in this case cannot be ignored.”
