The family of a slain 13-year-old girl whose body was found in Burnaby's Central Park nearly seven years ago will not get a chance to confront her killer face to face at his sentencing next week.
The Crown's theory, accepted by the jury, was that Ali had grabbed her on the trail, pulled her into the bushes and strangled her to death in the course of sexually assaulting her. Under the Criminal Code, the court needs the Crown's consent before it can allow an offender to appear at a sentencing hearing remotely – and the Crown in Ali's case initially said it would not consent.
But Ali's lawyers indicated they were prepared to challenge the constitutionality of the Criminal Code section that requires Crown consent for offenders to attend sentencings remotely. He asked the Crown to consider Ali's and McCullough's safety concerns, the fact Ali's sentence won't be determined by the court but by the mandatory minimum in Criminal Code , the risk of further delays, and the "clear recognition" in the Criminal Code that offenders aren't required to attend sentencings in person in all situations.
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