Two young brothers who randomly kidnapped and raped a grade 12 student are both suffering from such severe cases of fetal alcohol spectrum disorder (FASD) their lawyers say they may not be criminally responsible for their actions.

"I believe these two young fellows have fallen through the cracks of life," said Alain Hepner, the lawyer for Cody Manyshots.

Cody and Corey Manyshots pleaded guilty last year to kidnapping, uttering threats, sexual assault and robbery.

The sentencing hearing was supposed to resume Friday after it was delayed last November so that the brothers could have special FASD testing done. The degree of FASD for both was found to be "extreme."

Now, the brothers will be sent back to the psychiatrists who authored their forensic mental health assessments so the doctors can take into account the FASD findings and consider the degree of criminal responsibility.

Psychiatrists will determine

Prosecutor Jonathan Hak doesn't think the brothers will be found not criminally responsible (NCR).

"That seems unlikely, but in fairness that's a psychiatrist who needs to tell us that, not the lawyers," said Hak.

The brothers grabbed their victim from a bus stop in Taradale in November 2014. She then endured more than eight hours of assaults — first in an alley near the bus stop and then at the brothers' nearby home. She was able to escape in the morning while they were sleeping.

Last year at the beginning of the sentencing hearing, the Crown said it was seeking 12 years for both brothers. The defence is looking for a six-year sentence for Cody, and two years plus three years of probation for Corey.

Back in court in June

The Manyshots' FASD affects many aspects of their lives and criminality, said Hepner.

"It impacts their learning, it impacts their school, it impacts their inhibitions, their speech, it impacts their cognitive abilities, it impacts their knowledge of what's right and wrong," he said.

The matter will be back in court to hear new psychiatric reports on June 30.

If the psychiatrists believe the boys are not criminally responsible, a hearing would be booked and the provincial court Judge Terry Semenuk would make the ultimate finding.

If he does find the brothers NCR, they would be sent to a secure mental health facility for treatment.