No specialized sentence for Leflar’s killer

The 19-year-old man awaiting sentence for the first-degree murder of Hannah Leflar has not been recommended for a specialized sentence, in part because it’s anticipated he will be going into a federal adult prison once he turns 20, court heard Thursday.

A sentencing hearing is underway to determine whether the man should be sentenced as a youth or as an adult. Because he was 16 at the time of the Jan. 12, 2015, killing of his 16-year-old ex-girlfriend, the male cannot be identified unless Queen’s Bench Justice Jennifer Pritchard decides to sentence him as an adult.

An adult sentence for a youth offender on this charge would carry an automatic life term with no parole eligibility for 10 years; a youth sentence on a first-degree murder charge is a maximum of 10 years, split between custody and community supervision.

One option available to some youths sentenced for violent offences is a program known as Intensive Rehabilitative Custody and Supervision (IRCS), which taps into federal funding to deliver specialized therapeutic programs and services.

The program is available to youths who suffer from a mental illness or disorder, a psychological disorder or an emotional disturbance, and is intended to assess and treat youths as a way to lessen their risk upon reintegration into the community.

But, according to the province’s IRCS co-ordinator Jennifer Peterson, a conference call between several people involved in making recommendations to the program determined the youth should not be accepted to IRCS. The group’s recommendation went to the provincial director in charge of the program, who signed off on the group’s findings.

In speaking to the reasons for the decision, Peterson outlined two in particular: the youth’s age and what the group found to be a lack of engagement in programming during his time in custody.

Co-defence lawyer Corinne Maeder called the second reason into question, noting fewer programs are available to those on remand than to sentenced offenders. Maeder further pointed out her client received a certificate last year designating him the “most improved male” at the Paul Dojack Youth Centre, suggesting he is doing well in what programs are available to him.

In terms of the youth’s age, Peterson pointed out the Youth Criminal Justice Act mandates youths still in custody at age 20 be transferred to an adult facility, unless they successfully apply otherwise — something she said hasn’t happened often. She added the youth, who recently turned 19, is likely to be sent to a federal prison where an IRCS sentence cannot be administered.

Court also heard from community youth worker Elizabeth Christoffel, who authored a pre-sentence report on the youth.

Christoffel noted risk areas such as the youth’s education history, family circumstances and parenting, negative companions and a pro-criminal attitude — much of which Maeder questioned.

While the youth had issues with school in the year prior to his being remanded, Maeder noted the report hadn’t taken into consideration his achievements while in custody. Conversely, the companions category looks at a youth’s in-custody relationships rather than friends in the community — another drawback given one’s choice in companions in custody is limited to other accused offenders, Maeder said.