![['Chesley Lucas (pictured) and Calvin Kenny are being sentenced together for their roles in the death of Steven Miller last summer. Their lawyers and the Crown have presented a joint submission of 7 1/2 years in prison for each of the men.']](https://saltwire.imgix.net/tel-a03-28072017-lucas.jpg?cs=srgb&fit=crop&h=568&w=847&dpr=1&auto=format%2Ccompress%2Cenhance)
Crown and defence lawyers had presented a joint recommendation of 7 ½ years in prison for Calvin Kenny, 26, and Chesley Lucas, 23, who both pleaded guilty to charges of manslaughter, forcible confinement, robbery and arson in connection with the death of 25-year-old Steven Miller in July 2016. The suggestion included sentences for a number of the charges running concurrently.
Judge Colin Flynn did not accept the suggested sentence Thursday, saying he had concerns with a number of aspects of it, including that certain parts of the sentence as it related to the two men appeared to him “to be extremely low” and could undermine the public’s faith in the justice system.
Two other men have also been charged in relation to Miller’s death: Kyle Morgan was sentenced by Flynn last month to a year behind bars after he pleaded guilty to being an accessory after the fact to manslaughter, while Paul Connolly is still facing charges of murder, robbery, forcible confinement and arson, and will be arraigned in Newfoundland Supreme Court on Sept. 11.
There is a publication ban on all the evidence and details used to convict Morgan, Lucas and Kenny, given Connolly could still face a jury trial.
In sentencing Morgan last month, Flynn said he would have brought down a heftier sentence had he not been bound to accept the a joint submission from the Crown and defence lawyers, which he said was low but “would not bring the administration of justice into disrepute, or is otherwise contrary to the public interest.”
“Barring exceptional circumstances, joint submissions, even if they reflect a lower penalty than normal, must be sanctioned by trial courts,” Flynn said at that time.
It was standing room only in the courtroom during Lucas and Kenny’s appearance Thursday, with both men listening attentively as Flynn outlined his issues with the proposed sentence.
Crown and defence lawyers will have the opportunity to respond to Flynn’s concerns. The case will be back in court Oct. 26.
Miller was assaulted and kidnapped by three masked men with guns who forced their way into his Seal Cove home. The intruders then set the house on fire.
Miller’s body was found four hours later in a driveway in the Bayview Heights area of Kelligrews. He had been stabbed multiple times.
Twitter: @tara_bradbury
Related story: Kyle Morgan gets one year jail term for time in C.B.S. killing
