Judge calls actions 'cruel and without mercy,' hands down 15-year sentence for killing

A Calgary man who participated in a group attack on a victim who was stabbed 39 times was handed a 15-year sentence on Friday.

Robert Daignault, 56, was convicted in January of manslaughter. 

The victim was Kasif Hirani, an Uber driver, who was killed on a rural road west of Calgary in 2019.

At a hearing Friday, prosecutor Ryan Ziegler argued Daignault should spend 15 years in prison while defence lawyer Andrea Urquhart asked the judge to impose a seven-year sentence.

Court of King's Bench Justice Eleanor Funk described Daignault's actions as "cruel and without mercy."

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Daignault was given about five years' credit for the time he served since his arrest.

Two others, Trista Tinkler and Andrew Christal, are already serving six- and eight-year sentences, respectively, for their roles in the killing.

Daignault either stabbed victim or held him down 

During the sentencing hearing, Urquhart argued that offenders convicted of similar crimes "ought to receive a similar sentence."

"These three accused are very equally placed," said Urquhart.

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But Funk ruled that Daignault's involvement was "far greater" than the facts found in the other two cases, namely the finding that Hirani was the victim of a group assault. 

While a jury and judge involved in the Tinkler and Christal's cases heard that Daignault was the one who stabbed Hirani, Justice Funk did not make such a finding following Daignault's trial. 

'High level of vicious intent'

Both Tinkler and Christal testified at Daignault's trial but Funk found their evidence problematic, with extreme inconsistencies. Funk noted both were found to have lied to police and while under oath. 

The judge instead found that Daignault either stabbed Hirani or held him down while he was being stabbed by Christal.

Ziegler noted the "high level of vicious intent" in the brutal attack on Hirani, pointing to the number of stab wounds that caused cracked bones, punctured organs and defensive wounds to the victim. 

In the early morning hours of Dec. 29, 2019, the trio had a plan to rob Hirani. 

They forced the victim into his own vehicle and drove him to a rural area near the Springbank Airport.

But after Hirani gave up his banking information to the group, he was taken out of the vehicle and attacked on the side of the road.

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Hirani was then left to die alone in a snowbank.

In the days after his death, Tinkler and Daignault stole more than $14,000 from Hirani using his bank card to make withdrawals, e-transfers and purchases.

In a victim impact statement read in court, Hirani's widow spoke about the devastation and loneliness she's experienced since the loss of her husband. 

"I don't see any light," said Salima Khetani.