Young Offenders (Sentencing Cases): Difference between revisions

Revision as of 22:19, 12 November 2018

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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 C.M., 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.

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-{{SCaseYO|R v DW<Br> [http://canlii.ca/t/2g0m5 2011 NLCA 21] (CanLII) | Robbery| 4 months deferred + P | Offender stole chain off victim's neck. He had a prior record for robbery.}}
+{{SCaseYO|R v DW<Br> [http://canlii.ca/t/2g0m5 2011 NLCA 21] (CanLII){{perNLCA|Welsh JA}} | Robbery| 4 months deferred + P | Offender stole chain off victim's neck. He had a prior record for robbery.}}
-{{SCaseYO|R v M(P) <Br>[http://canlii.ca/t/fvzvn 2013 ONCJ 36] (CanLII)  | 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. }}
+{{SCaseYO|R v M(P) <Br>[http://canlii.ca/t/fvzvn 2013 ONCJ 36] (CanLII){{perONCJ|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. }}
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-{{SCaseYO|R v DVJS,<br> [http://canlii.ca/t/fz59t 2013 MBPC 34] (CanLII)|2nd degree Murder |adult sentence|}}
+{{SCaseYO|R v DVJS,<br> [http://canlii.ca/t/fz59t 2013 MBPC 34] (CanLII){{perMBPC|Pollack J}}|2nd degree Murder |adult sentence|}}
-{{SCaseYO|R v KH,<br> [http://canlii.ca/t/fxkb7 2013 MBPC 31] (CanLII) | Robbery x 3 |sentenced as adult |}}
+{{SCaseYO|R v KH,<br> [http://canlii.ca/t/fxkb7 2013 MBPC 31] (CanLII){{perMBPC|Martin J}} | Robbery x 3 |sentenced as adult |}}
-{{SCaseYO|R v C.M.,<br> [http://canlii.ca/t/fwd7f 2013 ABPC 30] (CanLII) | 2nd Degree Murder | |}}
+{{SCaseYO|R v C.M.,<br> [http://canlii.ca/t/fwd7f 2013 ABPC 30] (CanLII){{perABPC| Franklin J}} | 2nd Degree Murder | |}}
-{{SCaseYO|R v R.R.I.<br> [http://canlii.ca/t/fw656 2013 MBQB 22] (CanLII)|Robbery | | sentenced as youth}}
+{{SCaseYO|R v R.R.I.<br> [http://canlii.ca/t/fw656 2013 MBQB 22] (CanLII){{perMBQB|McCawley J}}|Robbery | | sentenced as youth}}
-{{SCaseYO|R v B.S.A.<br> [http://canlii.ca/t/fvpfr 2013 BCSC 75] (CanLII)| 2nd Degree Murder | 5.5 years | sentenced as adult}}
+{{SCaseYO|R v B.S.A.<br> [http://canlii.ca/t/fvpfr 2013 BCSC 75] (CanLII){{perBCSC|Goepel J}}| 2nd Degree Murder | 5.5 years | sentenced as adult}}
-{{SCaseYO|R v Quintana, <br> [http://canlii.ca/t/22s4g 2009 BCCA 119] (CanLII)| | 10 years| Youth and another were armed with a hatchet attacked the victim with it.  No acknowledgement of wrongdoing or remorse.}}
+{{SCaseYO|R v Quintana, <br> [http://canlii.ca/t/22s4g 2009 BCCA 119] (CanLII){{perBCCA|Finch JA}}| | 10 years| Youth and another were armed with a hatchet attacked the victim with it.  No acknowledgement of wrongdoing or remorse.}}
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 {{SCaseYO|R v Cador, [2010] AJ No. 1406 (ABCA) | | | }}  Cador lured her boyfriend to a bar where he was beaten by others in a planned and premediated assault.  She received a sentence of 7 years;
-{{SCaseYO|R v Miloszewski, [http://canlii.ca/t/58vg 2001 BCCA 745] (CanLII), [2001] BCJ No. 2765 | | | }}:  an elderly Sikh man was attacked and beaten by a group of young men, and died of his injuries.  The attack had a racist motive. The Court of Appeal emphasized the importance of collective responsibility for collective action.  The two offenders who appealed were sentenced to 15 and 18 years, reduced to 12 and 15 years for time in pre-trial custody, upheld on appeal;
+{{SCaseYO|R v Miloszewski, [http://canlii.ca/t/58vg 2001 BCCA 745] (CanLII), [2001] BCJ No. 2765{{perBCCA|Lamert JA}} | | | }}:  an elderly Sikh man was attacked and beaten by a group of young men, and died of his injuries.  The attack had a racist motive. The Court of Appeal emphasized the importance of collective responsibility for collective action.  The two offenders who appealed were sentenced to 15 and 18 years, reduced to 12 and 15 years for time in pre-trial custody, upheld on appeal;
-{{SCaseYO|R v Gaglardi, [http://canlii.ca/t/5rv1 2000 ABCA 137] (CanLII)| | | }}: a group of young men attacked another young man for no apparent reason outside a bar, punching him and then kicking him while he lay on the ground, and were convicted of aggravated assault.  Gagliardi had a machete, although it was not clear if he used it.  Gagliardi, 19, was sentenced to 7 years; another co-offender, 21 years old, to 9 years;
+{{SCaseYO|R v Gaglardi, [http://canlii.ca/t/5rv1 2000 ABCA 137] (CanLII){{perABCA|Jones J}}| | | }}: a group of young men attacked another young man for no apparent reason outside a bar, punching him and then kicking him while he lay on the ground, and were convicted of aggravated assault.  Gagliardi had a machete, although it was not clear if he used it.  Gagliardi, 19, was sentenced to 7 years; another co-offender, 21 years old, to 9 years;
-{{SCaseYO|R v Barton, [http://canlii.ca/t/5bwn 2003 BCCA 206] (CanLII)| | | }}: the two accused pled guilty to manslaughter and robbery with a firearm in a home invasion situation, both received sentences of 11 years, upheld on appeal for Barton, 22 years old: although the other offender had done the stabbing, the court said Barton was equally morally culpable, had a longer criminal record and was on probation at the time of the offence;
+{{SCaseYO|R v Barton, [http://canlii.ca/t/5bwn 2003 BCCA 206] (CanLII){{perBCCA|Levine JA}}| | | }}: the two accused pled guilty to manslaughter and robbery with a firearm in a home invasion situation, both received sentences of 11 years, upheld on appeal for Barton, 22 years old: although the other offender had done the stabbing, the court said Barton was equally morally culpable, had a longer criminal record and was on probation at the time of the offence;
-{{SCaseYO|R v MacDonald, [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII)| | | }}  the accused, 34 years old, received a sentence of 7 years for manslaughter (his two companions were charged with murder), although he had not participated in the assault and had believed weapons were present only to intimidate, not to kill.  He was in on the planning and did nothing to stop the violence, and had a significant criminal record and was on parole at the time of the offence;
+{{SCaseYO|R v MacDonald, [http://canlii.ca/t/1v7r9 2007 BCCA 606] (CanLII){{perBCCA|Prowse JA}}| | | }}  the accused, 34 years old, received a sentence of 7 years for manslaughter (his two companions were charged with murder), although he had not participated in the assault and had believed weapons were present only to intimidate, not to kill.  He was in on the planning and did nothing to stop the violence, and had a significant criminal record and was on parole at the time of the offence;
 {{SCaseYO|R v Kim, [2013] BCJ No. 2571 (BCSC)| | | }}: the offender, a youth, was part of a group at a restaurant that got into an unplanned fight.  One member of his party got a gun from Kim’s car and shot the victim, who died.  Kim had no record and expressed remorse.  The sentence of 7 years was a joint recommendation;
-{{SCaseYO|R v Peynado, [http://canlii.ca/t/fpdcw 2011 BCCA 524] (CanLII)| | | }}: The two offenders were masked and armed as they participated in a home invasion designed to rob the home owner; while Mr. Peynado was leading the home owner through the house to look for valuables, his companion unexpectedly killed one of the other occupants.  Mr. Peynado was 30 years old.  His sentence was reduced on appeal from 11 to 9 years.
+{{SCaseYO|R v Peynado, [http://canlii.ca/t/fpdcw 2011 BCCA 524] (CanLII){{perBCCA|Neilson JA}}| | | }}: The two offenders were masked and armed as they participated in a home invasion designed to rob the home owner; while Mr. Peynado was leading the home owner through the house to look for valuables, his companion unexpectedly killed one of the other occupants.  Mr. Peynado was 30 years old.  His sentence was reduced on appeal from 11 to 9 years.
-(a)      R. v. Johnson, [http://canlii.ca/t/h4w83 2017 BCSC 1240] (CanLII): 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): 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): 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):  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): 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;
-(g)      R v. Lai, [http://canlii.ca/t/1p29w 2006 BCCA 368] (CanLII): 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):  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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