B.C. Supreme Court Justice Jennifer McLachlin has just ruled in favour of a man accused of a brutal assault on his neighbour.

The family of a woman shot in the head last year at her apartment complex in Vancouver’s Burnaby neighbourhood is seeking damages of more than $1.8 million.

Justice McLachline found the man, 29-year-old Brandon Vau, cannot be tried as an adult because of his age.

He is now in custody and faces sentencing in the fall.

“The victim was struck multiple times and died at the scene, the man was convicted of attempted murder and sentenced to life in prison,” Justice McLachlan wrote in a written opinion.

But the Crown appealed the decision, arguing the man should not be tried in juvenile court because he was still a minor at the time of the attack.

Justice McLchlin rejected the Crown’s argument, saying there is a distinction between a minor and an adult.

She wrote the defence’s arguments that Vau was under the influence of alcohol at the moment of the shooting are “frivolous.”

The man’s family is asking the judge to order a new trial, arguing he should not have been tried in adult court because the Crown was asking for a lesser sentence.

It’s a difficult decision to make, but it’s a decision we have to make,” said the family’s lawyer, Paul Ritchie.

Ritchie said the man will be required to pay $3,000 in court costs.

Vau was arrested at the end of January, just before the start of the spring school year.

He faces a minimum of 40 years in prison if convicted.