A 13-year-old boy convicted of shooting and killing his older brother is asking to be granted bail until a judge determines his sentence.
The boy pleaded guilty earlier this month to negligence causing death with a firearm, while a charge of manslaughter was dropped.
The victim was his 16-year-old brother. Neither can be identified.
Sentencing arguments began in court on Monday with the Crown presenting evidence in favour of a stiff sentence, including his pleading guilty to two prior charges including armed robbery and shoplifting.
"He pled guilty to very serious charges. There's the use of a firearm, and this is the position of the prosecution and the DPCP [Director of criminal and penal prosecutions] in general with the use of a firearm," said Crown prosecutor Marie-Claude Bourassa.
The defence lawyer, even though the boy has admitted his guilt, has asked for the boy to be released from jail until the judge actually hands down his sentence, which is expected later this fall.
The prosecution is firmly against it.
The judge decided to postpone the sentencing hearing for a day to research proper procedure.
Last year the federal government adopted a new provision of the criminal code that opens the door for adult sentences in the case of young offenders committing violent crimes.
It doesn't apply to the boy, however, because he was only 12 at the time.
There is no minimum sentence in his case, but the prosecution said it wants to ensure he receives the maximum sentence under the law: three years in prison.
the prosecution tried to invoke aggravating factors in the case. Several weeks before the tragedy, the same boy participated in an armed robbery on Sources Blvd.
Bourassa argued it was the boy who carried the gun.
“(These are) the facts we want the judge to take into account for the sentencing,” she said.
The boy has been in police custody since Jan. 21, 2013, when his 16-year-old brother was shot and killed with a handgun in their Dorval home. He was granted bail to attend the funeral.
