A sentencing in a violent assault case was scheduled to be heard Monday morning, but has been put over after what the judge calls an “extraordinary event.”

Kennon Ball was found guilty of aggravated assault and assault with a weapon for his role in a beating on Seminole on April 2, 2015.

A 25-year-old man suffered a skull fracture and brain bleed.

The victim's mother tells CTV News her son has suffered permanent brain damage.

Police released surveillance video of two suspects and say the video shows that the victim was beat with a bat and a club.

On Monday, in what the judge called an extraordinary event, defence lawyer Dan Scott made an application for a mistrial, claiming ball's previous defence lawyer made an error in law and didn't provide effective assistance.

Justice T.J. Carey declined to hear the application, explaining that he was the trial judge and therefore he didn't feel it would be appropriate to make a ruling. 

A second suspect wanted in the case has never been found.

The sentencing for Ball will now take place on Oct. 5. 

Crown Attorney Renee Puskas told the court she intends to ask for six to nine years of jail time, defence lawyer Dan Scott will ask for two years.  

Ball intends to appeal the decision.