BABY MURDER SENTENCING
Grandfather wants teen killer treated as an adult
Moral blameworthiness — the degree of responsibility for one’s actions — is at the heart of arguments over whether a 16-yearold girl who killed a six-week-old baby should receive a youth or adult sentence for second-degree murder. Crown prosecutor Jennifer Claxton-Viczko said the girl does not possess the diminished moral blameworthiness usually attributed to young offenders because her immaturity is due to her Fetal Alcohol Spectrum Disorder (FASD), not her age.
Claxton-Viczko argued the teen, who fatally beat Nikosis Jace Cantre on July 3, 2016, is mature enough, in the age-related context, to be sentenced as an adult.
For example, the girl demonstrated she knew how babies should be treated when she gently rocked Nikosis before punching, stomping and strangling him, ClaxtonViczko said in her final arguments at the girl’s sentencing hearing in Saskatoon provincial court.
She argued the girl also showed insight into her behaviour when she told police “I took all my anger out on that baby.”
The teen admitted killing Nikosis. Members of the boy’s family brought her to their home because she was on the streets. The girl, who is now 18, cannot be named under provisions of the Youth Criminal Justice Act because she was 16 years old at the time of the murder. Her identity can be revealed if she receives an adult sentence.
A 16-year-old who receives an adult sentence for second-degree murder receives life imprisonment with no parole eligibility for seven years. The maximum youth sentence for second-degree murder is four years in custody followed by three years of community supervision. A youth sentence is not long enough to hold her accountable or protect the public, Claxton-Viczko argued. Reading from reports, she said the girl has assaulted staff and youth while in custody, started a fire at a group home, mutilated animals and caused her niece to overdose on morphine.
The teen was rejected from birth and grew up in an adoptive home that included transiency, alcoholism and abuse, defence lawyer Brian Pfefferle said. Court heard she has been a ward of the province since her adoptive parents died.
Although public safety issues could arise in the future, Pfefferle argued a youth sentence is the only legal option. He said the teen has a lower degree of moral blameworthiness because of her cognitive disabilities, background and immaturity.
Outside court, Jeffery Longman, Nikosis’s grandfather, said no apology will bring back the little boy. “I just want justice for my grandson,” he said, calling for an adult sentence.
A sentencing decision has been scheduled for Feb. 27, 2018.