Convicted killer Nicholas Butcher had emotional problems, ex-girlfriends say

A Nova Scotia Supreme Court judge heard from two of Nicholas Butcher's ex-girlfriends Friday as he decides how long the convicted killer must remain behind bars before he can apply for release from prison.

Butcher, 36, was convicted of second-degree murder in April in the stabbing death of his girlfriend, Kristin Johnston, 32, a Montreal-born businesswoman and yoga instructor found dead two years go in herPurcellsCove home.

The conviction carries an automatic life sentence, but Justice Josh Arnold must now set Butcher's parole eligibility. The range for second-degree murder is 10 to 25 years.

The case will return on Aug. 22 for Arnold's decision.

Crown attorney Carla Ball argued Butcher should serve 17 years before before he can apply for parole. Ball added Butcher should receive a lifetime weapons ban.

She said one aggravating factor was the breach of the trust that Johnston placed in Butcher, noting that parliament has recognized that such breaches in domestic violence cases attract higher sentences.

Other aggravating factors, the Crown argued, were that Johnston was unable to defend herself, with no idea that she was going to be attacked, and that Butcher invaded her privacy by reading her private Facebook messages to track her down.

Ball said the sentence should reflect the public revulsion with the crime and noted Butcher's lack of remorse.

Defence attorney PeterPlanettaargued for parole eligibility after serving 10 years.Planettasaid 17 years is at the high end of the range for someone with no criminal record.

Arnold questioned howPlanettacould arrive at 10 years, given that domestic violence was an aggravating factor.

Planettaargued that Butcher is well-educated and his prospects for rehabilitation are good, which should be considered a mitigating factors.

As part of the hearing, the judge heard in victim impact statements how Johnston's violent death affected her family and friends.

The prosecution also called two of Butcher's ex-girlfriends to testify about his inability to cope with stress and anger.

Butcher sat staring straight ahead while Kathleen Byford-Richardson testified about their 30-month relationship, during which, she said, he once spat on her during an argument.

Byford-Richardson said Butcher was awkward in social settings and often wanted to leave gatherings.

She said Butcher came to visit her Montreal after they broke up.

They went out on a datethat ended in Butcher producing a ring in a deserted park, she said. She said he didn't get down on one knee, but she took it to be an engagement ring, which she didn't want.

"I remember trying to be gentle but I was unsettled," she said. "I was probably less conscious of his feelings."

After she rejected the ring, she said Butcher's mood changed. "I became quite scared."

He went to get cigarettes from the car. Byford-Richardson said "this was the point at which I realized I was unsafe."

Butcher read private emails, ex-says

She testified that Butcher read some of her emails after they broke up. Butcher read Johnston's messages on her computer just prior tokilling her.

Byford-Richardson said Butcher sent her text messages that were insulting and accusatory in the days after she rejected the ring.

She said she came to the conclusion that Butcher needed psychological help and she couldn't help him. She said she raised her concerns to his mother.

Butcher was admitted to the psychiatric ward of a Montreal hospital following the incident over the ring, Byford-Richardson said.

Butcher came by their apartment to pick up his things after they broke up, after which he told her he found used condoms there, she said. She said he would have had to rummage through the trash to find them.

On cross-examination, Byford-Richardson said Butcher never said "will you marry me." She toldPlanettashe never reported the spitting incident to police, but wishes she had.

Byford-Richardson said she contacted the Halifax Regional Police about Butcher after reading about Johnston's murder in the media.

Olivia Hasler, the Crown's second witness, dated Butcher for a few months in 2013.

She said Butcher had a difficult time resolving what should have been minor conflicts.

She said he was never violent, but he would get riled up and tense and it could take days to subside. They went to couples counselling to try to resolve disputes in their relationship.

Hasler, who has known Butcher for 18 years and knew Johnston for five years, said there were days when he wouldn't get out of bed because of stress.

He couldbe depressed about workfor days, she said.

Judge saysgirlfriends' testimony relevant

Planettaobjected to the testimony from the women, saying the information was irrelevant.

The judge disagreed. He admitted the testimony, saying it was relevant and that a pre-sentence report contained little information about the man, other than interviews with Butcher and his mother.

The court also played a video of Johnston's sister, Kim, giving her victim impact statement from where she lives in Tofino, B.C. Kristin Johnston was planning to move there before she was killed.

"Everything that was supposed to bring me joy only brings me sorrow," said Kim Johnston, while people sobbed in the courtroom.

In her impact statement, Johnston's mother said she fears for her safety when Butcher gets out of prison. Her impactstatement was read by Kristin's step-father.

Arnold said the amount of evidence before him, including 15 victim impact statements, meant he couldn't make his ruling on Friday.

CBC reporter Blair Rhodes is live at Nova Scotia Supreme Court