CALGARY — A Calgary man who killed his girlfriend's three-year-old daughter because she interrupted his video game can apply for parole in 8 1/2 years.
A judge says Justin Bennett should serve 14 years of his life sentence before he's eligible for release but took into account the time he has already served in custody.
Bennett was convicted of second-degree murder almost three years ago in the death of Ivy Wick.
Ivy was injured on Sept. 27, 2017 and died eight days later in hospital of head and brain injuries.
Bennett, 30, was charged a year later after he confessed to undercover police officers that he had snapped when the child interrupted his video game. He smashed her head, threw her against a wall and then tripped her.
He was convicted of second-degree murder in March 2021, and sentencing was delayed as he fired a number of lawyers and failed in a bid to have a mistrial declared.
"Although Mr. Bennett was not her biological father, he acted as a caregiver and stepfather and Ivy relied on him and trusted him," said Court of King's Bench Justice Blair Nixon during sentencing Friday.
"Mr. Bennett wanted to play video games instead of parenting a three-year-old child."
A life sentence is automatic with a second-degree murder conviction, with parole eligibility set at between 10 and 25 years.
The Crown argued 15 years would be appropriate and Bennett's lawyer asked for 13.
"Given the gravity of the offence, coupled with the number of aggravating factors, an increase to the statutory minimum period of parole ineligibility is warranted in this case," Nixon said.
"The actions of Mr. Bennett had grave consequences. A three-year-old child tragically lost her life.
“A sentence of this type must reflect society's revulsion for crimes committed against vulnerable children. The breach of trust was abhorrent."
More than a dozen family members and friends of the victim were in court to hear the sentence.
Bennett declined an opportunity to address the court but his lawyer indicated his client had been assaulted while in custody and asked that Bennett be allowed to serve his prison time in protective custody or isolation.
Nixon said there has been no sign of remorse from Bennett -- which can be taken into account while assessing rehabilitation -- but noted Bennett has taken a few courses in dealing with anger issues, addiction, life skills and literacy.
He said the tragic death has devastated the little girl's family.
"The actions of Mr. Bennett concerning Ivy will have lifelong repercussions. No sentence will bring Ivy back or alleviate the heartbreak and pain that these family members have experienced," Nixon said.
The judge also issued a lifetime firearms prohibition and ordered Bennett to submit a DNA sample.
This report by The Canadian Press was first published Feb. 16, 2024.
Bill Graveland, The Canadian Press
