Hamilton

Tim Bosma case: Dellen Millard to appeal murder conviction

Dellen Millard will appeal his first-degree murder conviction in the slaying of Hamilton man Tim Bosma, CBC News has learned.

Lawyers for Millard's partner Mark Smich have also indicated they will appeal

Dellen Millard (right) and Mark Smich (left) stand accused of the first-degree murder of Hamilton man Tim Bosma. Smich's lawyers begin calling witnesses at the trial on Wednesday.
Dellen Millard (right) will appeal his first-degree murder conviction in the death of Hamilton man Tim Bosma. Lawyers for Smich (left), have also indicated they believe there are "strong grounds" for an appeal. (Court exhibit)

Dellen Millard will appeal his first-degree murder conviction in the slaying of Hamilton man Tim Bosma, CBC News has learned.

Millard's lawyer, Ravin Pillay, confirmed the news Monday.

"Mr. Millard intends to appeal the verdict and a notice of appeal will be filed shortly," he said.

Pillay did not elaborate about the grounds on which the appeal would be based.

Millard, 30, of Toronto, now joins his partner in crime Mark Smich, 28, of Oakville, Ont., in planning to appeal the first-degree murder conviction. On the day the verdict came down, Smich's lawyer, Thomas Dungey, said there are "very strong grounds for appeal."

The gruelling trial of the two men lasted 4½ months. The Crown argued Bosma was shot and killed on May 6, 2013, soon after he left his home with Millard and Smich. His body was later burned in a livestock incinerator.

Both men were sentenced to life in prison with no possibility of parole for 25 years, or at least until 2038. Millard and Smich are each facing a charge of first-degree murder in the death of Toronto woman Laura Babcock, while Millard has also been charged with first-degree murder in the death of his father.

Tim Bosma vanished on May 6, 2013, after going on a test drive in his truck with Dellen Millard and Mark Smich. (Facebook)

On top of the 25-year prison sentence both convicted murderers face, Justice Andrew Goodman made an order to prohibit them from owning weapons for life and ordered both to provide officials with DNA samples.

"What happened to Tim Bosma on the night of May 6, 2013, is incomprehensible and unimaginable," the judge said, adding that the actions of the two men were "despicable."

The verdict was delivered on June 17. The defence has 30 days from that date to formally appeal.

adam.carter@cbc.ca

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Adam Carter

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Adam Carter is a Newfoundlander who now calls Toronto home. You can follow him on Twitter @AdamCarterCBC or drop him an email at adam.carter@cbc.ca.