Crown to seek adult sentence in Creba murder trial
Crown prosecutors said Thursday they will seek an adult sentence for the man convicted in the death of Jane Creba.
Lawyers spent the morning in court to set a date for a sentencing hearing for J.S.R., the 20-year-old man convicted Sunday of being an active participant in the 2005 Boxing Day shooting spree that killed the 15-year-old girl and injured six other innocent bystanders.
J.S.R. can't be fully identified because he was a teen at the time of the shooting.
Justice Ian Nordheimer still needs to decide whether the man will be sentenced as an adult or as a youth. If J.S.R. is sentenced as an adult, he will get life in prison for the murder conviction with no parole eligibility for seven years.
If he is sentenced as a youth, he will receive a maximum sentence of seven years for the murder conviction. Only four of those years would likely be served in custody.
The sentencing hearing will likely take place the first week of March.
Both sides will be back in court on January 20 to discuss evidence and see if the hearing could be moved to an earlier date.
J.S.R. was convicted of second-degree murder, two counts of aggravated assault and five weapons charges. A jury decided he was an active participant in a shoot-out between two groups of men in front of a store on Yonge Street in Toronto's busy downtown shopping district.
The streets were packed with shoppers at the time who were out hunting for bargains on Boxing Day.
Both the Crown and the defence agreed that J.S.R. didn't fire the shot that killed Creba.
But under Canadian law, J.S.R. was still able to be convicted of murder because the jury believed he took part in the gunfight.
Defence lawyers have said they will appeal the jury's verdict.
Eight other people -- seven adults and one youth - will also face trial in the Boxing Day murder. They are all charged with either second-degree murder or manslaughter.
They are expected to face a jury next year.
With files from The Canadian Press