Move does not guarantee such an application will be made if the 17-year-old suspect is convicted as charged, it maintains the prosecution’s option of doing so.
The Crown may seek an adult sentence for a Calgary youth charged with first-degree murder in the fatal stabbing of a teen last month.
Prosecutor Darren Maloney told youth court Justice Jennifer Shafton on Friday the Crown was giving notice under the Youth Criminal Justice Act of an intention to seek an adult sentence for the accused.
While that does not guarantee such an application will be made if the 17-year-old suspect is convicted as charged, it maintains the prosecution’s option of doing so.
The accused appeared in youth court Friday via video link from the Calgary Young Offender Centre.
Defence counsel Sam Taylor, appearing for lead lawyer Rebecca Snukal, indicated he had instructions to enter a not-guilty plea on the accused’s behalf, but Shafton said that should be done once dates are set for the next steps in the case.
Visser, 16, was stabbed around 7 p.m. that day in the 1300 block of 41st Street S.E. in the Calgary community of Forest Lawn, over what some unconfirmed reports said may have been a dispute over a hoodie.
Visser’s name was released by Calgary police following an autopsy and after they received parental consent. Under the YCJA, the names of underage victims are also subject to a publication ban, which can be lifted if the victim is deceased and parental consent is given.
Taylor and Snukal must still determine what level of court their client will be tried in.
They could choose to have a trial before a youth court judge or elect a hearing in Court of King’s Bench before a judge sitting alone, or with a jury.
If a King’s Bench election is made, a preliminary inquiry would be held.
Taylor also said they are still considering whether to seek bail for the accused pending trial.
“We’re going to consider our options,” he told Shafton.
“At this time, we’re not prepared to do a show cause (hearing).”
If the accused is convicted as charged and sentenced as an adult, he would receive a life term without eligibility for parole of 10 years. As a youth his sentence would be 10 years, with a maximum of six years in custody and the remainder under community supervision.
The case is back in court Aug. 12.