Convicted murderer seeks lesser manslaughter conviction in death of Hillsborough woman

A New Brunswick man convicted of second-degree murder after stabbing his girlfriend 32 times in May 2020 is seeking to have his conviction swapped for the lesser crime of manslaughter.

Calvin Lewis's trial judge erred in law by failing to properly consider evidence suggesting he was provoked by Tina Tingley-McAleer in the moments before he fatally stabbed her, said lawyer Nathan Gorham, arguing Friday before a panel of New Brunswick Court of Appeal judges.

As a result, Gorham said, Lewis's 2023 murder conviction should be quashed, and a conviction of manslaughter  imposed, along with an appropriate sentence. Alternatively, Gorham said, the court should quash the conviction and order a new trial.

"This is an overwhelming case for provocation … and it really leaves no room for a plausible debate as to whether it should have been reduced to manslaughter," Gorham said.

"Arguing that manslaughter is an appropriate result doesn't in any way diminish the severity of the offence, but we are a country of laws, and the law says it should have been manslaughter."

In February 2023, New Brunswick Court of King's Bench Justice Robert Dysart found Lewis guilty of second-degree murder in the killing of Tingley-McAleer.

Lewis admitted he fatally stabbed the victim in their Hillsborough home on May 2, 2020, but he argued his actions that day were prompted by threats Tingley-McAleer made against him.

If believed by the judge, that argument could have reduced his blameworthiness and resulted in a conviction of manslaughter. 

Dysart ultimately rejected that defence.

Murder conviction should be upheld, says Crown

Crown prosecutor Malika Levesque appeared in court Friday to defend the merits of Dysart's ruling.

She said he properly considered the evidence, which led him to find there'd been a history of violence perpetrated by Lewis toward Tingley-McAleer.

She said Dysart correctly concluded Lewis intended to kill her, as he seemingly felt trapped in a relationship he wanted out of.

"The body of evidence depicted in essence, what the Crown would argue was a relationship that was an intimate partnership, but was marked by violence," Levesque said.

Lewis was sentenced in July 2023 to life in prison with no chance of parole for at least 15 years.

Unlike a murder conviction, manslaughter does not carry an automatic sentence of life in prison.

Court of Appeal Chief Justice Marc Richard said the panel would reserve its decision for a later date.