By Dori Modney (@Dori_Modney on Twitter) with files from Patrick Burles and Calgary Sun reporter Kevin Martin

First the Crown, Now the Defence to Appeal the Case of David and Collet Stephan

Jul 8, 2016 | 8:17 PM

CALGARY:  One day after the Crown confirmed it would be appealing the sentences for David and Collet Stephan in the death of their young son, news came that the Stephans would also be appealing their convictions.

The Stephans were convicted by a jury in April of failing to provide the necessaries of life, in connection with the 2012 death of their 18-month old son Ezekiel.

At sentencing, Justice Rodney Jerke called the Crown’s request for three to 4.5 years in prison far too high, and the defence suggestion of a conditional discharge too low. Collet was given a three month Conditional Sentence Order (house arrest), and David was handed a four month jail sentence. Both also received two years of probation.

Further details and reasoning regarding the sentencing can be found in the June 24th story 

On Thursday, the Crown filed Notices of Appeal at the Court of Appeal in Calgary on the following grounds:

Week-in-review: Federal Budget, water agreements and success for tourism industry

Apr 20, 2024

What's Happening in Lethbridge this weekend: April 19, 2024

Apr 19, 2024

What's Happening in Lethbridge this week: April 15, 2024

Apr 15, 2024

– The sentence is not proportionate to the gravity of the offence or to the degree of responsibility of the offender, and is unfit.
– The Sentencing Judge gave insufficient weight to denunciation and deterrence.
– The Sentencing Judge underemphasized, or failed to give weight to, relevant aggravating factors.
– The Sentencing Judge overemphasized mitigating factors, or gave mitigative weight to factors that are not mitigating.
– The Sentencing Judge misinterpreted the legal doctrine of wilful blindness.
– Such further grounds as counsel may advise.

Late Friday afternoon, Calgary Sun reporter Kevin Martin revealed the Stephans were both appealing their convictions.

According to the Sun story, Calgary defence counsel Karen Molle filed the notices of appeal. Among the reasonings for the appeal:  “Justice Rodney Jerke erred in not letting former Chief Medical Examiner Dr. Annie Sauvageau give expert evidence; Jerke’s instructions to the jury which convicted the Stephans were unfair and unduly favoured the Crown; the Stephans’ Charter rights were breached because they weren’t tried within a reasonable amount of time; and the judge should not have ruled admissible statements the parents made to “social workers, doctors, nurses and the police.”

The Sun article notes, “Molle also scheduled a July 19th hearing at the Court of Appeal in Calgary to seek bail for the father pending a ruling on their appeal.”