Millard and Smich to be sentenced on birthday of murder victim Laura Babcock - Action News
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Toronto

Millard and Smich to be sentenced on birthday of murder victim Laura Babcock

Dellen Millard and Mark Smich, found guilty of first-degree murder in the death of Toronto woman Laura Babcock, will be sentenced on what would have been her 29th birthday.

Hearing scheduled for Feb. 12, which would have been Toronto woman's 29th birthday

Co-accused Mark Smich, left and Dellen Millard, centre, stood trial for the first degree murder of Laura Babcock.
Mark Smich, left and Dellen Millard, centre, were convicted of first-degree murder of Laura Babcock on Saturday. (Court exhibit and Facebook)

Dellen Millard and Mark Smich, found guilty last week of first-degree murder in the death of Toronto woman Laura Babcock, will be sentenced on what would have been her 29th birthday.

The sentencing hearing will be held in a Toronto courtroom on Feb. 12. Itfollows a seven-week trial in which the Crown argued that Millard, 32, of Toronto and Smich, 30, of Oakville, Ont., killed the 23-year-old in July 2012 and burnedher body in an animal incinerator.

The verdict was deliveredSaturday.The pair isautomatically sentenced to life imprisonment without a chance of parole for 25 years in Babcock's death.

Millard and Smich are currently serving life sentences for killing and burning the bodyof Tim Bosmaof Ancaster, Ont., in 2013 something that was never mentioned in front of the Babcockjury.

Hamilton man Tim Bosma was murdered in 2016.
Tim Bosma was murdered by Dellen Millard and Mark Smich in 2013 while taking his truck out for a test drive. (Facebook)

All 12 jurors recommended consecutive sentences for Millard, while only five recommended that Smichreceive the maximum parole ineligibility the seven others made no recommendation.

Justice Michael Code told jurors the consecutive sentencing provision is new to the criminal code and said the final decision on sentencing rests with him, but he will consider their recommendations. The 2011 law enacted as part of Stephen Harper's so-called tough-on-crime agenda allows judges to deliver consecutive life sentences with concurrent terms of parole ineligibility for people convicted of more than one murder.

Smich's lawyer, Thomas Dungey,said Wednesday in a Toronto courtroom when the sentencing hearing was scheduled that he plans to challenge his client's consecutive sentence.

Wayne Millard, Dellen Millard's father, died from a gunshot wound to the head. His death was quickly deemed a suicide, he was cremated a week later and there was no further investigation.
Wayne Millard, Dellen Millard's father, died from a gunshot wound to the head in 2012. His death was quickly deemed a suicide, he was cremated a week later and there was no further investigation. (Rob Seaman)

Meanwhile, Millard who represented himself throughout the trial will retain defence lawyer Ravin Pillayas his counsel for the hearing. Pillay said Wednesday that he intends to fight the bid for a consecutive sentence for Millard.

Pillayco-represented Millard last year when he was found guilty of first-degree murder of Bosmain a Hamilton, Ont.,courtroom.

Millardwill also be represented byPillaynext spring when he stands trial for a third time. He is charged with first-degree murder in the 2012 death of his father, Wayne Millard, which has originally ruled a suicide.

Millard will appear in court again on Jan. 5 to set a date for the trial, which was originally to be held inMarch 2018, but now may have to be moved back a month to accommodate Pillay's schedule.

With files from CBC's Shannon Martin