Nearly a month after Gilbert Robinson was sentenced to life in prison for murdering his estranged wife in 2014, the Edmonton father has filed an appeal of both his second-degree murder conviction and his sentence.
The appeal was filed on Thursday in an attempt to get either an acquittal or a new trial by judge and jury.
Robinson’s estranged wife, Gina Robinson, was found dead at his home in April 2014. The medical examiner ruled Gina’s death was not an accident and concluded her injuries involved “multiple blunt force trauma.”
During Robinson’s trial, the jury heard the couple separated in 2012 and were in the process of ending their 30-year marriage. Robinson was found guilty of second-degree murder in January and was later sentenced to life in prison without the chance for parole for 13 years.
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Robinson is appealing his conviction on grounds that the trial judge erred in law by failing to declare a mistrial “based upon relevant evidence not disclosed in a timely fashion by the prosecution,” that the trail judge made mistakes in his final jury instruction “in relation to the elements of the offence required to be proven by the prosecution.” He is appealing his sentence on the grounds that the trial judge “erred in principle in determining the parole ineligibility period” and that the judge “placed excessive weight on deterrence and denunciation in determining parole ineligibility.”
The Crown had asked for a life sentence with no chance of parole for 21 years while the defence argued Robinson should be eligible for parole after 11 years.
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During the trial, the Crown said Gina went to Robinson’s home on April 22, 2014 and she was supposed to call her friend when she left. By 9 p.m., there was no phone call.
Court heard Gina’s friend drove to Robinson’s house and knocked on the door. Gina was found in a pool of blood at the bottom of Robinson’s basement stairs.
She was rushed to the Royal Alexandra Hospital that night with numerous injuries and died the next day.
-With files from Emily Mertz
View Gilbert Robinson’s appeal documents below: