R. v. C.S.

R. v. C.S.

Crown did not satisfy the statutory burden under s.72 YCJA that a youth sentence would be insufficient; considering CS's very young age, immaturity, background, psychological assessment identifying amenability to intensive treatment, risks of institutionalization, and the realistic prospect of Part C/IRCS-like intensive post- custodial treatment and supervision, a youth sentence (up to the two-year maximum) imposed in accordance with s.3(1)(b)(ii) and s.38 YCJA would have sufficient length and appropriate rehabilitative intensity to hold CS accountable; therefore the application for an adult sentence was dismissed and CS to be sentenced as a youth under the YCJA.

Citation
2008 NSPC 22
Parties
Crown: Her Majesty the Queen; Young Person / Accused: C.S.; Co Accused (youth): KJ; Co Accused (adult): Brittany McNeil
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
20 May 2008
Procedural Posture
Youth Justice Application for Adult Sentence Under YCJA / Section 72 Hearing at Sentencing (application to Determine Liability for Adult Sentence)
Outcome
Crown application for adult sentence dismissed; order that CS is not liable to an adult sentence and shall be sentenced as a young person under the YCJA
Legal Topics
Adult Sentence Application, Section 72 YCJA Test and Burden, Publication Ban and Privacy, Pre Sentence Report Requirement, Psychological Assessment and Risk/need/responsivity, Ircs/part C Funding and Post Sentence Treatment
Source Language
English
Youth Criminal Justice Sentencing Criminal Law Corrections Adult Sentence Application Section 72 YCJA Test and Burden Publication Ban and Privacy Pre Sentence Report Requirement +2 more

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Parties

Her Majesty the Queen

Crown

C.S.

Young Person / Accused

KJ

Co Accused (youth)

Brittany McNeil

Co Accused (adult)

Procedural Posture

Youth Justice Application for Adult Sentence Under YCJA / Section 72 Hearing at Sentencing (application to Determine Liability for Adult Sentence)

Legal Issues

  1. 1 Whether a youth sentence of maximum two years would have sufficient length to hold CS accountable under s.72 YCJA
  2. 2 Whether the Crown satisfied the onus to impose an adult sentence
  3. 3 Whether a pre-sentence report under s.72(3) YCJA was required for the hearing

Ratio Decidendi

Crown did not satisfy the statutory burden under s.72 YCJA that a youth sentence would be insufficient; considering CS's very young age, immaturity, background, psychological assessment identifying amenability to intensive treatment, risks of institutionalization, and the realistic prospect of Part C/IRCS-like intensive post- custodial treatment and supervision, a youth sentence (up to the two-year maximum) imposed in accordance with s.3(1)(b)(ii) and s.38 YCJA would have sufficient length and appropriate rehabilitative intensity to hold CS accountable; therefore the application for an adult sentence was dismissed and CS to be sentenced as a youth under the YCJA.

Court Disposition

Crown application for adult sentence dismissed; order that CS is not liable to an adult sentence and shall be sentenced as a young person under the YCJA

Orders

  • Hearing proceeded without a separate pre-sentence report due to comprehensive s.34 psychological assessment
  • Crown's application for an adult sentence under s.72 YCJA is dismissed