Court agrees to another delay in case of Calgary man who killed girlfriend’s daughter – Calgary

A sentencing hearing for a Calgary man convicted of second-degree murder in the beating death of his girlfriend’s three-year-old daughter has been postponed until well into next year.

Ivy Wick was injured on September 27, 2017 and died eight days later in hospital from head and brain injuries.

An autopsy revealed she had suffered blunt-force trauma, prompting homicide investigators to take over the case.

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Confession video of defendant in Ivy Wick murder trial released

Justin Bennett was charged a year later after a confession to undercover police officers that he became angry when he was interrupted by the child, hit her in the head, threw her against a wall and tripped her.

He was convicted of second-degree murder in March 2021.

Sentencing was delayed after Bennett demanded a second psychiatric examination and fired two lawyers.

On Tuesday, his new lawyer asked for a further delay until the end of February so he can examine evidence to possibly file a mistrial application.

Court of King’s Bench Justice Blair Nixon expressed concern over whether a further delay would affect the administration of justice.

“We are over a year and a half past the date of conviction and the reason I asked the question … is that we are now looking at not even having an application for a mistrial at or near the end of February,” he told Crown prosecutor Tom Spark. “It’s two years after the conviction.”

Spark said a member of the community could look at the proceedings and question why it took nearly two years after Mr. Bennett was convicted of murder to be sentenced.

“The Crown is in a difficult position to say we have no knowledge of the strength of Mr Bennett’s application because it is protected by solicitor-client privilege,” he said.

In the end, Nixon agreed to the delay.

“Handling the issue of a mistrial at this stage would be more efficient than letting it go on appeal,” he said.

The case is back in court on February 3.

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