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Convicted murderer Eddy Nakasenh-Bandasak will face a one-day sentencing hearing in the fall in connection with the fatal stabbing of his roommate on a city street.

Defence counsel Mary Stephensen appeared in Calgary Court of King’s Bench on Friday to schedule the Sept. 24 proceeding.

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“This is a matter where Justice (Nancy) Dilts is seized with sentencing,” Stephensen told Justice Robert Hall.

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Hall, who was presiding over Criminal Appearance Court which is used to schedule hearings and trials, ordered officials at the Calgary Remand Centre to ensure Nakasenh-Bandasak is brought to court that day.

Nakasenh-Bandasak, 28, was convicted of second-degree murder in connection with the Sept. 22, 2022, fatal stabbing of Ismail (Izzy) Charanek on the street outside their apartment in the southeast community of Lynnview.

Dilts rejected arguments by Stephensen that her client was acting in self-defence, which would have resulted in an acquittal, when he repeatedly stabbed Charanek, whom one witness described as the killer’s “only friend.”

The judge also dismissed suggestions Nakasenh-Bandasak was provoked by Charanek to resort to deadly force, a defence which would have reduced the murder charge to manslaughter.

Dilts said while she accepted Charanek said he had a knife and threatened to kill Nakasenh-Bandasak while they argued on the street sometime after 4 a.m. that day, by the time the offender decided to use deadly violence he didn’t believe his life was in danger.

In a police interview, Nakasenh-Bandasak described Charanek as his best friend, while the victim’s girlfriend, Madison Williams, went a step further calling the dead man the offender’s only friend.

Dilts said given what Charanek was wearing during the argument with Nakasenh-Bandasak, just a T-shirt, a pair of shorts and socks, it was unreasonable for the killer to believe he was actually armed with a knife.

Nakasenh-Bandasak faces an automatic life sentence with just the issue of parole ineligibility to be decided at his sentencing hearing.

KMartin@postmedia.com

X: @KMartinCourts

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Source link calgaryherald.com