Young Offenders (Sentencing Cases): Difference between revisions

Revision as of 19:19, 12 January 2019

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Cases concerning Sentencing Young Offenders.

Youth Sentences

Case Name	Offence(s)	Sentence	Summary
R v DW 2011 NLCA 21 (CanLII), per Welsh JA	Robbery	4 months deferred + P	Offender stole chain off victim's neck. He had a prior record for robbery.
R v M(P) 2013 ONCJ 36 (CanLII), per Bishop J	Sexual Assault, Manslaughter	1 year SC + 1 year DC + 1 year S	sexually assaulted a semi-incapacitated girl while outside drinking. Left the girl out in the slow and she froze to death.

Application to Sentence as an Adult

Case Name	Offence(s)	Sentence	Summary
R v DVJS, 2013 MBPC 34 (CanLII), per Pollack J	2nd degree Murder	adult sentence
R v KH, 2013 MBPC 31 (CanLII), per Martin J	Robbery x 3	sentenced as adult
R v CM, 2013 ABPC 30 (CanLII), per Franklin J	2nd Degree Murder
R v R.R.I. 2013 MBQB 22 (CanLII), per McCawley J	Robbery		sentenced as youth
R v B.S.A. 2013 BCSC 75 (CanLII), per Goepel J	2nd Degree Murder	5.5 years	sentenced as adult
R v Quintana, 2009 BCCA 119 (CanLII), per Finch JA		10 years	Youth and another were armed with a hatchet attacked the victim with it. No acknowledgement of wrongdoing or remorse.

Unpublished Rulings

R v GS [1]
- November 30, 2018
- 3 years (manslaughter x 2)

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-(a)      R. v. Johnson, [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII){{perBCSC| Donegan J}}: a 21 year old offender with a youth record and continued criminal activities received 4 years for stabbing a stranger at a house party while both were very drunk.  The 4 year sentence imposed was that sought by the Crown;
+(a)      R v Johnson, [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII){{perBCSC| Donegan J}}: a 21 year old offender with a youth record and continued criminal activities received 4 years for stabbing a stranger at a house party while both were very drunk.  The 4 year sentence imposed was that sought by the Crown;
-(b)      R. v. Brar, [http://canlii.ca/t/fm3xr 2011 BCSC 875] (CanLII){{perBCSC|Grist J}}: a 20 year old offender received 5 years for a swarming death resulting from a planned confrontation at the victim’s house arising from a prior altercation with the accused’s brother.  Brar did not have a weapon, and thus was not the stabber.  He had no criminal record;
+(b)      R v Brar, [http://canlii.ca/t/fm3xr 2011 BCSC 875] (CanLII){{perBCSC|Grist J}}: a 20 year old offender received 5 years for a swarming death resulting from a planned confrontation at the victim’s house arising from a prior altercation with the accused’s brother.  Brar did not have a weapon, and thus was not the stabber.  He had no criminal record;
-(c)        R. v. Carter, [http://canlii.ca/t/2b60s 2010 BCSC 853] (CanLII){{perBCSC|Gropper J}}: an 18 year old offender with no record received 5 years for a two on one attack on an intoxicated man in his fifties.  The attack went on for two minutes.  No remorse or insight was displayed; there was a high risk for violent recidivism;
+(c)        R v Carter, [http://canlii.ca/t/2b60s 2010 BCSC 853] (CanLII){{perBCSC|Gropper J}}: an 18 year old offender with no record received 5 years for a two on one attack on an intoxicated man in his fifties.  The attack went on for two minutes.  No remorse or insight was displayed; there was a high risk for violent recidivism;
-(d)      R. v. R.E.A., [http://canlii.ca/t/597k 2003 BCSC 925] (CanLII){{[perBCSC| Melnick J}}:  a 25 year old offender with a record received a sentence of 5 years and 10 months, for a stabbing in a drug transaction;
+(d)      R v R.E.A., [http://canlii.ca/t/597k 2003 BCSC 925] (CanLII){{[perBCSC| Melnick J}}:  a 25 year old offender with a record received a sentence of 5 years and 10 months, for a stabbing in a drug transaction;
-(e)      R. v. Gill, [http://canlii.ca/t/1msxn 2006 BCCA 127] (CanLII){{perBCCA| Mackenzie JA}}: a 23 year old offender’s sentence for robbery was reduced on appeal to from five years to three years, on the basis that maximum sentences undermine the prospect of rehabilitation;
+(e)      R v Gill, [http://canlii.ca/t/1msxn 2006 BCCA 127] (CanLII){{perBCCA| Mackenzie JA}}: a 23 year old offender’s sentence for robbery was reduced on appeal to from five years to three years, on the basis that maximum sentences undermine the prospect of rehabilitation;
-(f)         R. v. Ly, [1994] BCJ No. 1325: a 26 year old offender’s sentence for manslaughter was increased on appeal from one year to four years.  The victim had been beaten by three people, including the offender;
+(f)         R v Ly, [1994] BCJ No. 1325: a 26 year old offender’s sentence for manslaughter was increased on appeal from one year to four years.  The victim had been beaten by three people, including the offender;
-(g)      R v. Lai, [http://canlii.ca/t/1p29w 2006 BCCA 368] (CanLII){{perBCCA|Ryan JA}}: appeal of R. v. Chao, [http://canlii.ca/t/1wkcv 2003 BCSC 879] (CanLII):  a group were at a club with the intention of encouraging and assisting an Asian group in an unlawful assault upon Korean youths.  One was beaten to death.  The accused were not instigators and their involvement was relatively spontaneous.  They were sentenced to two years less a day; the appeals were dismissed;
+(g)      R v. Lai, [http://canlii.ca/t/1p29w 2006 BCCA 368] (CanLII){{perBCCA|Ryan JA}}: appeal of R v Chao, [http://canlii.ca/t/1wkcv 2003 BCSC 879] (CanLII):  a group were at a club with the intention of encouraging and assisting an Asian group in an unlawful assault upon Korean youths.  One was beaten to death.  The accused were not instigators and their involvement was relatively spontaneous.  They were sentenced to two years less a day; the appeals were dismissed;
-(h)        R. v. Ansari, [http://canlii.ca/t/25fh3 2009 BCCA 381] (CanLII){{perBCCA| Bauman JA}}:  a finding of guilty of manslaughter on a murder charge; the accused brought a knife and was the stabber of a person with whom he had a dispute over money, and who threatened and lunged at him.  The sentence of 5 years was upheld on appeal.
+(h)        R v Ansari, [http://canlii.ca/t/25fh3 2009 BCCA 381] (CanLII){{perBCCA| Bauman JA}}:  a finding of guilty of manslaughter on a murder charge; the accused brought a knife and was the stabber of a person with whom he had a dispute over money, and who threatened and lunged at him.  The sentence of 5 years was upheld on appeal.
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