Author Topic: Bird/Courtepatte Top court upgrades woman's conviction to murder  (Read 3377 times)

Sleuth

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I'm a little confused here. I don't know if it is the way this article is written or if it is just me. Probably just me. Can someone clear the statement in blue up for me please?

By CBC News, cbc.ca, Updated: December 18, 2009 11:05 AM
Top court upgrades woman's conviction to murder

Top court upgrades woman's conviction to murder

The Supreme Court of Canada has upgraded a young woman's conviction for her role in the killing of a 13-year-old Edmonton girl to first-degree murder, rejecting the defence that she had a change of heart in the girl's slaying.

Stephanie Bird, 21, had been convicted of manslaughter in the April 2005 slaying of Nina Courtepatte and sentenced to 12 years in prison after a trial judge agreed with the defence of "abandonment."

But in a 9-0 decision, the Supreme Court found that the "evidence was incapable of supporting" the defence and that "no other defence arises on the facts."
http://news.ca.msn.com/top-stories/cbc-article.aspx?cp-documentid=23096099

haunted

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #1 on: December 18, 2009, 01:56:28 PM »
My interpretation of that article means the  the Supreme Court of Canada heard the case to determine if the defence of abandonment (her so called change of heart to not participate in the assault and murder of Nina) was justified based on the trial evidence, as a trial judge and Alberta Court of Appeal agreed that it was.  The defence of abandonment lead to her conviction of Manslaughter instead of the original charge of First Degree Murder.  The Supreme Court unanimously determined that the defence of Bird abandoning her intentions of participating in Nina's murder was not supported by the trial evidence and by their review of the evidence there was no other defence that would be available to Bird. They overturned the rulings made in the trial court and Alberta Court of Appeal.  In addition to that the Supreme Court upgraded her manslaughter conviction to First Degree Murder. And now that it has been heard by the SCC there is no where else to go, it is a precedent setting decision that will affect the way defence attorneys attempt to employ the abandonment defence in all future cases of similar circumstances.

The one thing that I am unclear about is if the SCC can or does change the sentence for the charge or does she remains under the same sentence of 12 years.


haunted

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #2 on: December 18, 2009, 05:29:24 PM »
Just read the following, which deals with the new sentence that is to be handed down. Article can be found at

http://edmonton.ctv.ca/servlet/an/local/CTVNews/20091218/edm_bird_appeal_091218/20091218?hub=Edmonton


The country's top court has struck down a manslaughter conviction in a notorious Edmonton sex killing and convicted a young woman of first-degree murder.

In a unanimous decision, the Supreme Court of Canada upgraded the conviction of Stephanie Rosa Bird in the sex slaying of Nina Courtepatte.

Bird is serving 12 years in prison for her role in the death of 13-year-old Nina Courtepatte. The girl was raped and murdered in April 2005, on a golf course west of Edmonton.

"We were bracing ourselves just in case it was bad news," said Peacha Atkinson, the victim's mother. "I'm really hoping it sends a message out to other people who are going through this or who decided to murder people that justice will be served."


Bird was found guilty on the lesser charge of manslaughter back in May of 2008 because she said she had a change of heart and left the scene before the murder. She was 17-years-old at the time of the killing.

The decision by the Supreme Court found that, based on the facts found by the original trial judge, the murder was planned and deliberate and involved the unlawful confinement off the victim at the time of the killing.

Her case will now be returned to the original trial judge for sentencing.

If sentenced as an adult, Bird, who was 17 at the time of the killing, faces a mandatory sentence of life in prison without parole eligibility for 10 years.

With files from The Canadian Press






Chris

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #3 on: December 22, 2009, 11:16:44 PM »
Wow! Some backbone! I cannot believe it.

This is soooooo good to hear. It was such an injustice that judge in Edmonton let her off so easy. This was 1st degree murder, you cannot change your mind half way thru killing & raping someone. Every killer would make that claim.

Sleuth

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #4 on: January 26, 2010, 02:22:05 PM »
Aaaaaaaaaaaaaand, its a slam dunk!!!!  :) :) :) :) :) Justice for Nina.

Woman gets life for Alberta teen's murder

A young Edmonton woman who was convicted of first-degree murder in the rape and murder of 13-year-old Nina Courtepatte was sentenced Tuesday to life in prison, with no chance of parole for 10 years.

Stephanie Bird, 21, had originally been convicted of manslaughter in the April 2005 slaying of Courtepatte and sentenced to 12 years in prison.

In a 9-0 decision last month, the Supreme Court of Canada upgraded that conviction to first-degree murder after ruling the evidence at trial could not support a defence of "abandonment" and that "no other defence arises on the facts."

Under her original 12-year sentence, Bird would have been eligible for day parole in August. http://news.ca.msn.com/top-stories/cbc-article.aspx?cp-documentid=23333252





capeheart

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #5 on: January 26, 2010, 08:39:13 PM »
That is very good news in this case that this person was upgraded on the light sentence that was handed down. Where there is so much crime in these malls, when they catch these people and have the evidence on them, throw the book at them.  8) 8) 8) 8) :D

Chris

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Re: Bird/Courtepatte Top court upgrades woman's conviction to murder
« Reply #6 on: January 26, 2010, 09:48:22 PM »
Wow that is good. Rare that this happens. I guess that judge in Edmonton must feel stupid now.

I just hopethat 36 year old guy who the judge gave nothing too gets a tough sentence too.