Calgary

Nicholas Rasberry files appeal in manslaughter conviction

Nicholas Rasberry, convicted of manslaughter in the stabbing death of Craig Kelloway, has filed an appeal after being sentenced to seven years.

Court sentenced him to seven years in prison for 2013 stabbing death of Craig Kelloway

Nicholas Rasberry walks into the Calgary Courts Centre just before Justice Robert Hall found him guilty of manslaughter (Meghan Grant/CBC)

Nicholas Rasberry, convicted of manslaughter in the stabbing death of Craig Kelloway, has filed an appeal after being sentenced to seven years.

The notice, filed on Dec. 14, calls for either the conviction to be quashed, a new trial ordered or, if the sentence stands, for the sentence to be reduced.

Rasberry's appeal says the presiding judge erred in his interpretation of the law and in applying a harsh sentence, didn't take into account some defence evidence and "erred in principal by finding that victims of sexual assault can and should be generally deterred in how they respond to the provocation of their attacker."

Central to Rasberry's defence was that he was fending off a sexual attack by Kelloway after a day of drinking together. He never denied killing Kelloway.

The judge rejected that Rasberry was acting in self defence but did find he was provoked, which resulted in the conviction on the lesser charge of manslaughter, rather than second-degree murder.

Three knives were broken in the attack, which occurred in 2013. Kelloway was stabbed and slashed 37 times.

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