Aset Magomadova, who strangled her teenage daughter after an altercation in 2007, leaves the courthouse on Tuesday at the end of the first day of her sentencing hearing.
A Calgary mother convicted of manslaughter in the strangling death of her 14-year-old daughter will face her first defence of a Crown appeal in May.
The case of Aset Magomadova, who was earlier acquitted of second-degree murder in the girl's death, sparked outrage when a judged ruled in July that she would not be jailed. Magomadova, 41, was instead given a suspended sentence and three years probation with conditions to take counselling for grief, depression and anger management.
Alain Hepner, lawyer for Magomadova, said he will argue the judge's rulings should stand.
"We are preparing to address the Crown's appeal on the acquittal of second-degree murder and to uphold the conviction for manslaughter," Hepner said recently. He will also argue the sentence delivered by Justice Sal LoVecchio was appropriate given the circumstances.
Court heard that Magomadova strangled her daughter, Aminat, in 2007 after the teen refused to attend court for assaulting a teacher.
Magomadova claimed Aminat came at her with a knife in the sewing room where the mother prayed several times a day. She reacted by wrapping the scarf around her daughter's neck and twice told the girl to put down the knife before the teen lost consciousness, court heard.
LoVecchio, who had rejected a claim of self-defence in a 2008 ruling, ultimately determined Magomadova did not intend to kill the girl.
"At first blush (a suspended sentence) may sound like a get-out-of-jail-free card. It is not," LoVecchio said when handing down his sentence in July.
Crown prosecutors Mac Vomberg and Sarah Bhola had argued for a 12-year prison term.
http://www.calgaryherald.com/news/Year+review+Verdict+daughter+killing+stunned+Calgarians/4031629/story.html#ixzz1ABFTS2Sp
The case of Aset Magomadova, who was earlier acquitted of second-degree murder in the girl's death, sparked outrage when a judged ruled in July that she would not be jailed. Magomadova, 41, was instead given a suspended sentence and three years probation with conditions to take counselling for grief, depression and anger management.
Alain Hepner, lawyer for Magomadova, said he will argue the judge's rulings should stand.
"We are preparing to address the Crown's appeal on the acquittal of second-degree murder and to uphold the conviction for manslaughter," Hepner said recently. He will also argue the sentence delivered by Justice Sal LoVecchio was appropriate given the circumstances.
Court heard that Magomadova strangled her daughter, Aminat, in 2007 after the teen refused to attend court for assaulting a teacher.
Magomadova claimed Aminat came at her with a knife in the sewing room where the mother prayed several times a day. She reacted by wrapping the scarf around her daughter's neck and twice told the girl to put down the knife before the teen lost consciousness, court heard.
LoVecchio, who had rejected a claim of self-defence in a 2008 ruling, ultimately determined Magomadova did not intend to kill the girl.
"At first blush (a suspended sentence) may sound like a get-out-of-jail-free card. It is not," LoVecchio said when handing down his sentence in July.
Crown prosecutors Mac Vomberg and Sarah Bhola had argued for a 12-year prison term.
http://www.calgaryherald.com/news/Year+review+Verdict+daughter+killing+stunned+Calgarians/4031629/story.html#ixzz1ABFTS2Sp
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