Man who successfully argued girlfriend provoked fatal stabbing gets 11 years in prison

A man who successfully convinced a jury that his girlfriend provoked him to fatally stab her has been sentenced to 11 years in prison.

Suarez Noa, 38, stabbed Tania Cowell 11 times in front of their infant son, Bailun, in 2013.

He was initially charged with second-degree murder, but was found guilty of a lesser count of manslaughter after convincing a jury that Cowell provoked the fatal attack by threatening to leave him and prevent him from seeing their young son.

The jury reached its decision on the basis of a controversial and rarely-used defence called the law of provocation.

During sentencing Friday, the judge admitted the attack was “highly likely a direct reaction to provocation” but said “restraint, not rage, is an appropriate response.”

The Crown was seeking 15 to 18 years, while the defence sought seven to nine years.

Cowell’s family, who are fighting to have the law of provocation defence banned in Canada, were upset with what they thought was a lenient sentence.

“It’s wrong,” said the victim’s sister-in-law, Julie Cowell. “It’s just another injustice in our system and I’m so upset right now I’m so angry…Something needs to change…I think provocation is an excuse to murder.”

Natasha Dobler, of the Women’s Abuse Working Network, said the justice system “failed Tanya and her family and also has failed women across the country.”

“This judge had an opportunity to do something about it and he didn’t. He stayed within the safe zone. It’s 2016. We should do better.”