Michael Dockrill accidental-shooting sentencing delayed for 2 months

A Nova Scotia man convicted in the shootingdeath of his 20-year-old son will have to wait two more months to learn his sentence.

In April, a jury found 56-year-old Michael Dockrill guilty of criminal negligence causing death and careless use of a firearm.

The crime dates back to an incident in June 2011. Dockrill and his son Jason were trying to fend off a home invasion at their house in Lakeside when Michael opened fire. He said he thought he was shooting at an intruder. He shot and killed his son instead.

The crime carries a mandatory minimum sentence of at least four years, as outlined in legislation passed by the former Conservative government.

Thursday morning, Supreme Court Justice Joshua Arnold asked Crown and defence lawyersto prepare written responses to a question about how the Supreme Court of Canada has handled similar cases.

Mandatory minimum sentences not cut and dry

The country's highest court has twice dealt with mandatory minimum sentences for firearms-related crimes.

This year the court ruled on mandatory minimum sentences for crimes specifically involving prohibited guns, striking them down as unconstitutional.

However, in 2012 the Supreme Court of Canada upheld a four-year sentence resulting from a conviction of criminal negligence causing death with a firearm.

The court has essentially ruled that mandatory minimum sentences are constitutional for some firearms-related crimes and not others.

• SupremeCourt quashes mandatory minimum sentences for gun crimes

Dockrill's lawyer preparing argument

Dockrill's lawyer will now prepare and present his argument for why the minimum sentence for his client's crime is unconstitutional.

Outside court, Crown attorney Rick Woodburn said the case is understandably devastating to the family. However, a crime has still been committed.

"The first person that came up those stairs, he fired at, and it happened to be his son," Woodburn said.

"He didn't take the time to see who it was. He didn't turn on the light. He didn't call the police. And in fact, having the loaded firearm ready to go, knowing that he could use that in the future, is also negligent."

Arnold has requested written responses from both sides.

The next court date is scheduled for Dec. 17 when Arnoldwill either deliver his sentence or reserve his decision until a later date.