LRT killer challenges automatic life sentence as cruel and unusual punishment
An Edmonton man who beat a fellow LRT passenger to death in front of horrified witnesses more than four years ago is challenging his automatic life sentence, claiming it is cruel and unusual punishment.
Jeremy Newborn was to be sentenced Tuesday after he was convicted of second-degree murder by a jury just over a year ago.
However sentencing will be put off until the application is heard in December.
In the application filed last month, Newborn's lawyer Simon Renouf argues the automatic life sentence with no chance of parole for 10 years is unconstitutional.
"Given the applicant's intellectual disability and history of psychiatric disability, and his proven inability to function in a prison environment, a mandatory life sentence would place the applicant's life, safety … and health at severe risk," the application said.
The application refers to a psychiatric report submitted during trial that described Newborn's cognitive abilities as "clinically impaired" and his intellectual functioning as "extremely low," which, Renouf argues, prevents Newborn from forming intent.
The application argues the court must consider whether a mandatory sentence is grossly disproportionate to what would be an appropriate sentence if there was no mandatory minimum.
Renouf argues that Newborn's crime was more akin to manslaughter not murder, meaning Newborn should be sentenced at the lower end of the spectrum.
In this case, the application states, no weapon was used and no planning involved.
The sentence is "grossly disproportionate to his moral blameworthiness," Renouf says.
John Hollar, 29, walked onto the train at Coliseum station the afternoon of Dec. 28, 2012. Within seconds Newborn attacked him, pursuing Hollar throughout the train, punching, kicking and stomping him.
Witnesses testified that Hollar repeatedly pleaded, "Leave me alone, don't hit me," as he was beaten.
The attack continued for several minutes, until the train reached Clareview station, despite the attempts of fellow passengers to make Newborn stop.
Hollar died of his head injuries.
Newborn constitutional challenge is his second in the case.
Newborn's argument that the lack of anyone of aboriginal descent on the jury compromised his right to a representative jury was dismissed.
Newborn remains at Alberta Hospital.
