friend killed in pick-axe attack

[sergejsk2]

haha sorry about the grammer, still waking up

[01RedDX]

.

[G-Suede]

But he said he's sorry.

[oster]

Good! Although my bet is he is out in 10 years.

[Canmorite]

Decent sentence, although I wouldn't grant any leniency after 10 years with parole.

[Mckenzie]

What a joke- 10 yrs. At least there is a sense of justice and closure for the fam now, regardless of the sentence.

[method]

Good. I hope he rots.

[Jay911]

The father was very diplomatic in the sound bite he gave QR77.

[3g4u]

Wow it seems like this just happened, and it has been allmost 2 years allready! Good to see him get some jail time.

[sergejsk2]

The fact is.. he wont get out in 10, think about it, he has already been in remand for a year and a half and has already been in 2 scraps.. this is remand were talking about a minimal prison, i really hope he gets put into a max prison.. where he will be someones bitch, i wouldnt be surprised if he gets killed in there if he does..

[crez]

They should just pick axe his head to hell.

[adidas]

Originally posted by sergejsk2
The fact is.. he wont get out in 10, think about it, he has already been in remand for a year and a half and has already been in 2 scraps.. this is remand were talking about a minimal prison, i really hope he gets put into a max prison.. where he will be someones bitch, i wouldnt be surprised if he gets killed in there if he does..

how did you come to this information?

[sergejsk2]

/\

thatta teach him

[urban.one]

Pickaxe killing conviction appealed
By KEVIN MARTIN, Calgary Sun

Last Updated: 10th February 2010, 6:39pm

The murder conviction of a pickaxe-wielding Calgary man should be overturned and a new trial held, his lawyer said Wednesday.

Defence counsel Noel O’Brien told an Alberta Court of Appeal panel there were errors made in Marko Miljevic’s case, including the fact jurors were not given a definition of manslaughter to ponder.

O’Brien said Justice Earl Wilson’s failure to define manslaughter was fatal to his client’s conviction.

Wilson told jurors they could convict Miljevic of murder if they found he intentionally killed Matt McKay, or meant to do him grave harm and was reckless whether he died.

He said if they ruled it wasn’t a murder, Miljevic was guilty of manslaughter, since trial counsel Allan Fay conceded the death was the result of an unlawful act.

But O’Brien said Wilson should have gone farther and explained what constituted a manslaughter.

“The jury still had to decide on its own whether the facts amounted to manslaughter, or murder,” he said.

“The jury was left in a state of confusion,” said O’Brien.

“The accused is entitled to have his case put to the jury and his case was manslaughter.”

But Crown prosecutor Goran Tomljanovic said Miljevic clearly committed the unlawful act of assault with a weapon, so if the killing of McKay wasn’t intentional it amounted to manslaughter.

Therefore, other forms of manslaughter, such as killings committed through negligence, didn’t need to be raised for jurors.

“That’s the pickaxe, it’s 26 inches long from tip to tip,” Tomljanovic said, pointing to the weapon Miljevic used to kill McKay.

“It weighs nine pounds, that’s the object he threw, or swung into the head of the victim,” the prosecutor said.

“There’s no air of reality that this was a negligent act as opposed to a deliberate act,” he said.

Miljevic, then 20, was convicted in December 2008 of second-degree murder in the Sept. 29, 2007, death of McKay, 17, at a southeast Calgary house party.

The appeal judges reserved their decision.

[Weapon_R]

Wow, Noel O'Brien...must have mortgaged their house to get him on this file

[Canmorite]

“The jury was left in a state of confusion,” said O’Brien.

A pick axe to the face is confusing?

[GQBalla]

"Wilson told jurors they could convict Miljevic of murder if they found he intentionally killed Matt McKay, or meant to do him grave harm and was reckless whether he died."

i dunno....since when is throwin or swinging a pick axe isn't wanting to do grave harm ?

[dantheman27]

i truely cannot believe this is back in courts already. he swung a pickaxe at Matts head, its quite obvious that there was intention to hurt him. If his charge gets moved down to manslaughter i will have lost all faith in our judicial system (well the little faith i have for it). Matt was a very good friend of mine, and i feel marko should sit in jail for a very long time for what he has done.

[dino_martini]

I read in the Herald Marko thought it was a baseball bat.

[sexualbanana]

I'm confused only about the potential outcome of the appeal. From what I understand, the appeal is that the jury was not given the proper definition of manslaughter, thus giving them incomplete information as to what charge they feel the crime was committed under. I'm not familiar enough with the appeal process, so what's the potential outcome?

A) The appeal is granted that yes, the jury was not fully informed, but the charge would still be second-degree murder?
B) Appeal is granted and the charge gets changed to manslaughter, which from my understanding is a signficantly lesser charge.
C) Appeal is granted and the trial starts all over again.