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Cpl. Matthew Wilcox, the 24-year-old soldier from Glace Bay, N.S., who was convicted in July of criminal negligence causing death and neglect of duty, is framed by a railing as he is escorted from his sentencing hearing in Sydney, N.S. on Friday, Sept. 11, 2009. (THE CANADIAN PRESS/Andrew Vaughan) Cpl. Kevin Megeney, a reserve member of the 1st Battalion Nova Scotia Highlanders, is shown in this undated handout photo. (Department of National Defence) Cpl. Matthew Wilcox, the 24-year-old soldier from Glace Bay, N.S., who was convicted in July of criminal negligence causing death and neglect of duty, is framed by a railing as he is escorted from his sentencing hearing in Sydney, N.S. on Friday, Sept. 11, 2009. (THE CANADIAN PRESS/Andrew Vaughan)

Judge delays sentencing for convicted soldier

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CTV Atlantic: Todd Battis from Sydney, N.S.
The delay came as a surprise to both the families present at the hearing, but the judge wanted to hear from the defence where their client would want to serve his sentence.
CTV News Channel: Col. (ret.) Michel Drapeau
One lawyer says a six year sentence would be far too severe for someone who has a clean record and has shown remorse throughout the trial.

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Cpl. Matthew Wilcox, the 24-year-old soldier from Glace Bay, N.S., who was convicted in July of criminal negligence causing death and neglect of duty, is framed by a railing as he is escorted from his sentencing hearing in Sydney, N.S. on Friday, Sept. 11, 2009. (THE CANADIAN PRESS/Andrew Vaughan) Cpl. Kevin Megeney, a reserve member of the 1st Battalion Nova Scotia Highlanders, is shown in this undated handout photo. (Department of National Defence) Cpl. Matthew Wilcox, the 24-year-old soldier from Glace Bay, N.S., who was convicted in July of criminal negligence causing death and neglect of duty, is framed by a railing as he is escorted from his sentencing hearing in Sydney, N.S. on Friday, Sept. 11, 2009. (THE CANADIAN PRESS/Andrew Vaughan)

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Cpl. Kevin Megeney, a reserve member of the 1st Battalion Nova Scotia Highlanders, is shown in this undated handout photo. (Department of National Defence)

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Date: Tue. Sep. 29 2009 10:44 AM ET

A military judge will take an extra day to mull over the sentence for a young soldier who was convicted of causing the death of his tentmate in Afghanistan more than two years ago.

Cmdr. Peter Lamont says he will postpone the sentencing of Cpl. Matthew Wilcox until Wednesday, so that he can consider defence arguments that the convicted soldier serve as much of his sentence as possible in a federal institution.

The judge told the court he is considering giving Wilcox a sentence of at least two years.

Wilcox was convicted in July of negligent performance of duty and criminal negligence causing the death of Cpl. Kevin Megeney, who died after he was shot in his tent at the Kandahar airfield on March 6, 2007.

Megeney died 30 minutes after being shot by Wilcox.

At his eventual military trial, Wilcox said he shot in self-defence believing that someone was pointing a gun at his back. The prosecution argued that he was involved in a game of "quick draw" when Megeney was fatally shot.

The defence had previously asked that Wilcox be given the opportunity to stay in the Forces when his sentence is passed. The victim's family, however, has said they hope that the convicted soldier is dismissed from the army as a result of his sentence.

Over the course of Wilcox's sentencing hearing, Megeney's family members have told the court about how their lives have been shattered by the young corporal's death.

The dead soldier's father, Dexter Megeney, said he no longer sleeps well, takes 18 pills a day to control his stress and has started smoking, four years after ditching his smoking habit.

Karen Megeney said her family no longer gathers for dinner, and her daughters find it difficult being together after their brother's death.

The convicted soldier's mother, Ann Wilcox, said her own son has become a "broken" man as a result of what happened. Kevin Wilcox has become withdrawn, has sleeping problems and could be prone to suicidal thoughts, she told the court.

The military prosecutor has argued that Wilcox should serve six years in prison -- including nine months in the Canadian Forces Service Prison in Edmonton -- and be dismissed from the Forces.

Michel Drapeau, a retired Canadian Forces colonel and military lawyer, said the prosecution may be asking for too much.

"It may be fair, but I think it's far too severe," Drapeau told CTV News Channel during an interview from Ottawa on Monday morning.

Drapeau said that the fact that Wilcox has shown remorse at his trial and otherwise has a clean record should make the judge consider a more lenient sentence.

"After all, given his age, I think he has to be given a fair second chance and I would hope that the judge, in fact, will see that," Drapeau added.

If Wilcox is sent to the lone military prison in Canada, he will not be going there strictly to serve hard time, Drapeau said. The underlying purpose will be to rehabilitate him so that he can again serve the Forces.

"He is not going there to be locked up, sort of thing, until he sees freedoms again," said Drapeau. "He is there and subjected to -- from the moment he walks into the prison -- to a regiment of very strict discipline."

"It is no walk in the park," he added.

With files from The Canadian Press

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