On the night Kimberly Anne Byrne died her common law husband remembers hitting her between 5 and 10 times. A statement of fact in Frederick Francis Sheppard's manslaughter case was read in a P.E.I. courtroom on Monday.

On December 10, 2000, the night Byrne died, the two had been socializing together at a friend's home. Both had been drinking - Sheppard consumed as many as 20 beer and a pint of rum.

The couple began fighting at the friend's home and left separately. The argument continued when they met at their own home later that evening.

The court heard no weapon was used when Sheppard hit Byrne.

He beat her while their seven year old son was in the house.

Sheppard left the home and returned hours later to find his common law wife dead. He then called 911.

Both the Crown and the defense are recommending a 10 year sentence.

Chief Justice Kenneth MacDonald will sentence Sheppard on Tuesday afternoon.