A Ross River man has been sentenced to nine and a half years behind bars — less time served in pre-trial detention — for the 2019 death of Mary Ann Ollie.
Philip Atkinson, who is in his mid-60s, was read his sentence by Judge David Gates on the afternoon of April 30.
Factoring in time served in pre-trial detention, which is credited at a rate of one and a half days for every day served in pre-trial detention, Atkinson will spend just over four more years incarcerated.
In addition to the time he’ll spend behind bars, Atkinson is subject to a lifetime firearms ban, and he’ll need to submit a sample of his DNA. Gates opted not to make Atkinson pay a victim surcharge.
Atkinson pleaded guilty last October to manslaughter in connection to Ollie’s death. He was initially charged with first-degree murder.
The plea was part of a deal between defence and Crown lawyers that included a joint sentencing submission. A joint submission is made when opposing lawyers agree on the sentence an offender should receive.
The joint sentencing submission called for Atkinson to be incarcerated for nine and a half years, among other repercussions. Gates ultimately chose to stick to the opposing lawyers’ recommendation when issuing his sentence on April 30, but the road to this point was a long one.
Atkinson’s sentencing hearing was initially proposed to occur in the first half of November 2023 before being set for early December.
Following the Crown and defence’s advancement of a joint sentencing submission on Dec. 8, 2023, Gates chose not to rule on the sentencing submission, stating that the information provided was “insufficient” for him to make a decision.
He asked opposing lawyers to provide several additional items for his consideration, including a formal Gladue report on Atkinson and a review of his prior convictions for violence to determine if any of the offences were against women or girls.
On April 29, after lawyers presented Gates with the additional information he requested, he delayed sentencing until 10 a.m. on April 30.
However, when Gates arrived in court on the morning of April 30, he told the courtroom that he needed more time and delayed sentencing until 2 p.m. The disappointment among many people in the courtroom at this further delay was palpable.
In reading his sentence, Gates acknowledged the delay in sentencing and the negative impact delays in justice can have on communities. He also recapped the agreed facts of the case.
Gates stated that Ollie was 59 years old at the time of her death and Atkinson was 62 and that both were residents of Ross River. The courtroom heard that two individuals in the community entered Atkinson’s home after midnight on Aug. 1 and found Ollie lying on the floor and not breathing.
Medical personnel attended the scene, where Ollie was pronounced dead.
Gates further stated that an autopsy discovered that Ollie had suffered contusions to the head and that her rectum had experienced significant trauma from the forceful insertion of an unknown object.
The additional information collected and presented by Crown and defence lawyers was also addressed by Gates during sentencing, including the fact that 12 of Atkinson’s previous convictions involved violence against women or girls.
Before agreeing to the joint sentencing submission, Gates told the court that he believes a fit sentence is in the range of 10 to 12 years, although precedent requires him to accept the joint submission.
Addressing Atkinson while reading his sentence, Gates told the convicted killer, “I hope that this will serve as a powerful and enduring message to you regarding the consequences of your actions. You will have to live with this knowledge for the rest of your life.”
Contact Matthew Bossons at matthew.bossons@yukon-news.com