A Toronto sentencing judge has given a convicted killer enhanced credit for pretrial custody because of the hardships and abuse she faced as the first transgender woman held at the all-male Toronto South Detention Centre.

On Tuesday, Superior Court Justice Robert Clark sentenced sex worker Moka Dawkins to eight years in prison for fatally stabbing a client, Jamie Foster, 27, in his downtown Toronto apartment on Aug. 3, 2015. Dawkins was with Foster when he instigated a brawl by stabbing her under the eye with a knife when she tried to leave.

A jury last month found Dawkins, 28, not guilty of second-degree murder but guilty of manslaughter, rejecting her testimony that she stabbed him eight times because she feared for her life and should be acquitted.

Clark said it was clear Dawkins was initially provoked but she “went beyond legitimate self-defence and inflicted in anger the wounds that resulted in Mr. Foster’s death” resulting in her conviction for manslaughter. The judge also said he accepted the prosecution’s position that Dawkins stabbed Foster during “two distinct bloodletting” incidents, in the living room and bedroom.

Dawkins called 911 that evening — too late to help Foster, noted the judge — and has been in custody ever since.

In an affidavit filed in court, Dawkins, who was tried as a man under her birth name, described the challenges of being locked up in an all-male facility, where she chose to go rather than be forced into segregation in a women’s institution because she has not fully transitioned.

Dawkins wrote she was verbally abused and physically attacked “specifically because of my identity and sexual orientation.” Of note, she wrote inmates suggested alleged serial killer Bruce McArthur should “come gun me down” and wrote guards also “insult me and make fun of me.”

In addition to enduring hundreds of lockdowns in the jail, Dawkins wrote she has had to fight to be given programs and support meant for individuals in the LGTBQ community, and only recently was allowed to wear a wig.

“The attacks, discrimination and constant fights to be able to express my own identity have made my time at the institution particularly difficult mentally, emotionally and physically.”

The judge said because of the harsh conditions he was prepared to credit her two days for every one served prior to conviction.

That brings Dawkins’ time served to six-and-a-half years, more than what the defence was seeking but not unwarranted, Clark said.

Subtracting that time from her eight-year sentence, Dawkins is left with a further 18 months in custody.

Convicted offenders typically receive credit for time served at a rate of 1.5 days for every one held in pretrial custody. Those who have received “particularly harsh treatment” can seek additional remedy.

“Hopefully, Ms. Dawkins will find herself in better circumstances once committed to prison to serve her sentence than she has experienced in detention centres to date,” Clark said.

“Given that she is transgender, I would expect that her time in prison would be more difficult certainly than it would be if that weren’t the case.”

He also imposed a period of two-year probation and said her prospects for rehabilitation were good.

Prosecutors were asking for a sentence in the 10- to 11-year range, while the defence wanted Clark to impose a six-year sentence, which, when factoring in credit for pretrial custody, would have amounted to time served.

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Before he passed the sentence, Clark asked Dawkins if she had anything to say to the court.

“I’m so sorry, I hope you find it in your heart to forgive me,” Dawkins said addressing Foster’s family, including his parents, who were sitting in the courtroom and described their anguish in victim impact statements.

Defence lawyer Jennifer Penman said she will be receiving instructions from her client on whether to launch an appeal.