The Thorold man convicted in the death of his grandson will be sentenced next month.
Kody Smart died in July 2015. His grandfather, Brian Matthews was convicted of manslaughter for violently shaking the 13-month-old and causing his death.
Matthews has maintained that a family dog is to blame.
The Crown is asking for 10 to 12 years behind bars. The defence wants five years.
On Monday, some of Smart’s family delivered victim impact statements.
“Kody has been sentenced to an eternity,” step-grandfather Chris York said outside the St. Catharines courthouse. “He’ll [Brian] be out in 12 years at most if he’s sentenced to the maximum amount.”
Kody’s family has filed a lawsuit against Family and Children’s Services Niagara for giving custody of the child to Matthews, who was convicted of abusing Kody’s father, Brett Smart in 1995.
A judge will deliver Matthew’s sentence on May 24.
