CAN Supreme Court to hear eight-ball murder case
The Supreme Court of Canada is set to hear the case of a Winnipeg teenager who killed an Iraqi refugee and received a one-day sentence.
It's known locally as the eight-ball case.
A young offender was convicted of killing 22-year-old Cya Raup Saleh, a Kurdish refugee from Iraq, by hitting him two or three times in the head with a pool ball wrapped in a sock.
Saleh had arrived in Canada six months earlier and was working as a pizza delivery driver when he apparently looked at the killer's sister the wrong way.
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What outraged the community was the sentence for the crime: one day.
"When I see somebody has killed a person and walk out of jail, then I say where is the system? Where is the justice that exists," said Ismat Simo, a friend of the victim.
The killer was 15 years old and had already spent four months in jail. The judge said he couldn't impose a longer jail sentence under the law.
On Thursday the Supreme Court will hear that case, and a similar B.C. case, because there's confusion about the application of the Youth Criminal Justice Act that replaced the Young Offenders Act.
Manitoba judges say that under the provisions of the newer act they must focus on rehabilitation, instead of giving out tougher jail sentences.
The province of Manitoba will argue that tougher sentences are necessary. "We say the seriousness of the offence, given the fact a life was lost and given the fact society wants the courts to reflect their values, that something more was necessary," said Don Slough, Manitoba's director of public prosecutions.
The defence will argue there's no point increasing sentences to send a message. "The problem with that approach is there's no empirical evidence to support it actually works. So you're, in essence, warehousing kids in jail for a purpose you can't support by logic, science or in law," said defence lawyer Jason Miller.
If the Manitoba case is upheld there could be more one-day sentences in other provinces.
If that happens the Youth Criminal Justice Act could very well end up back in Parliament.
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