R. v. A.S.

R. v. A.S.

Applying the YCJA and Gladue/Ipeelee contextual analysis, the appropriate and least restrictive fit sentence was two years in total with one year custodial followed by one year conditional supervision, subject to remand credit of 337 days; ancillary orders include a DNA order and a ten year weapons prohibition.

Citation
2012 NSPC 104
Parties
Crown: Her Majesty the Queen; Young Person / Defendant: A.S.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
26 November 2012
Procedural Posture
Manslaughter (youth) / Sentencing Decision
Outcome
Convicted of manslaughter; sentenced under the Youth Criminal Justice Act to two years custody and community supervision (total two years) comprising one year custody followed by one year conditional supervision; remand credit 337 days applied; DNA order and weapons prohibition for ten years imposed; s.105(1) return...
Legal Topics
Manslaughter, Sentencing, Gladue/ipeelee Principles, Remand Credit, IRCS (intensive Rehabilitative Custody and Conditional Supervision)
Source Language
English
Criminal Law Youth Justice Aboriginal Sentencing Manslaughter Sentencing Gladue/ipeelee Principles Remand Credit IRCS (intensive Rehabilitative Custody and Conditional Supervision)

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Parties

Her Majesty the Queen

Crown

A.S.

Young Person / Defendant

Procedural Posture

Manslaughter (youth) / Sentencing Decision

Legal Issues

  1. 1 Appropriate sentence for manslaughter committed by a young person
  2. 2 Application of Gladue and Ipeelee principles to aboriginal youth sentencing
  3. 3 Determination and quantum of remand credit

Ratio Decidendi

Applying the YCJA and Gladue/Ipeelee contextual analysis, the appropriate and least restrictive fit sentence was two years in total with one year custodial followed by one year conditional supervision, subject to remand credit of 337 days; ancillary orders include a DNA order and a ten year weapons prohibition.

Court Disposition

Convicted of manslaughter; sentenced under the Youth Criminal Justice Act to two years custody and community supervision (total two years) comprising one year custody followed by one year conditional supervision; remand credit 337 days applied; DNA order and weapons prohibition for ten years imposed; s.105(1) return...

Orders

  • Two year sentence under YCJA composed of one year custody followed by one year conditional supervision
  • Remand credit of 337 days applied to sentence