Young Offenders (Sentencing Cases): Difference between revisions

Revision as of 20:19, 14 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Unpublished Rulings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)

@@ Line 43: / Line 43: @@
 {{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){{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 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;