A Windsor man has been found guilty of attempted murder in a hammer attack on a 13-year-old teen last year.
Justice Scott Campbell called Rafid Jihad's actions an "unprovoked attack" that left Jacob Mitchell with multiple blunt force injuries to the head.
But now, instead of being sentenced, the Crown attorney is expected to argue that Jihad is not criminally responsible for his actions.
“This is not a defence tactic,” says Jihad’s lawyer Frank Retar. “This is the Crown bringing an assessment with the hopes of keeping the community safer.”
Because now, not only is Jihad facing the potential for a longer sentence, he may also be assessed as to his mental capacity on the day of the attack.
In court Monday, 32-year-old Jihad listened to Campbell's decision with the help of an interpreter. At times he was shaking his head.
Jihad's lawyer says they are both disappointed with the ruling and concerned about the next step.
Crown attorney Eric Costaris would not agree to an interview with CTV News, saying the matter is all still before the court.
The incident took place on June 6, 2014, in the 1000 block of Church Street.