Kwasi Benjamin appears at sentencing hearing

Kwasi Benjamin was convicted in February of second-degree murder in the death of his girlfriend, Nellie Angutiguluk. (FILE PHOTO)

Nellie Angutiguluk was a 29-year-old mother of three from Pivurnituq, who had moved to Montreal in 2013 after the accidental death of the father of her children. She missed her children and was still grieving, the court heard during the trial last year. (FILE PHOTO)

Kwasi Benjamin appeared in a Montreal court on Wednesday for his sentencing hearing for the 2015 death of his girlfriend Nellie Angutiguluk.

Angutiguluk was a 29-year-old mother of three from Pivurnituq who had moved to Montreal in 2013, after the accidental death of the father of her children. She missed her children and she was still grieving at the time of her death, the court heard during the trial last year.

A jury found Benjamin guilty of second-degree murder last February after hearing the circumstances around Angutiguluk’s death by ligature strangulation.

But parts of Benjamin’s criminal history of violence toward Angutiguluk had not been shared in court, so that the jury would not be prejudiced in their decision.

A key piece of information that the jury did not hear was that Benjamin had been arrested just weeks before Angutiguluk’s murder for assaulting her and spent a week in jail.

At the time of Angutiguluk’s death, Benjamin had been out on bail for only a few days, with probation requirements to abstain from drinking alcohol and to stay away from Angutiguluk. They had been living together in an apartment on De Nancy street in Cote-des-Neiges, a Montreal borough.

The jury also did not hear the allegations that Benjamin had threatened a key witness and attempted to attack him while in custody during the trial.

During the trial, Benjamin and his defence lawyer at the time had painted the victim as a thrill-seeker who abused him. He claimed she was suicidal.

The jury did not buy that narrative in the end. Forensic evidence suggested it was impossible for her to have taken her own life in the way she died, and video footage showed Benjamin repeatedly entering and exiting the apartment the night after her death before calling 911.

The emergency call had been placed between 12 and 24 hours after her death, experts during the trial said.

Benjamin’s sentencing date was delayed for months, while changes were made to the judge presiding over the case and other legal personnel.

After the illness and subsequent death of Justice Michael Stober, Justice Pierre Labrie took over. When Benjamin was found guilty in February, he fired his defence team and is now represented by Louis Miville-Deschênes.

And, in August, Crown prosecutor Dennis Galiatsatos was called to serve as a judge in the Quebec court. Now Crown prosecutor Jean-Philippe MacKay has taken over.

At the sentencing hearing, Lisa Koperqualuk, a cousin of Angutiguluk’s mother, read a victim impact statement about the effects the death has had on Angutiguluk’s three children who are now orphans in Nunavik. The mental health support they need now is not available for them in Nunavik, she said.

In his sentencing recommendation, Crown prosecutor Jean-Philippe MacKay suggested Benjamin serve 17 years in prison before being allowed to apply for parole.

MacKay said that Benjamin murdered a woman who was vulnerable and showed no remorse or empathy. He added that Benjamin had also made a habit of not following court orders to abstain from alcohol and to stay away from Angutiguluk.

Defence lawyer Louis Miville-Dechênes is seeking the minimum sentence of 10 years before Benjamin would be allowed to apply for parole.

The mandatory sentence for second-degree murder in Canada comes with life imprisonment.

A sentencing decision on when Benjamin will be eligible to seek parole will be made on Oct. 31.