R. v. B.P.

R. v. B.P.

The court accepted the joint recommendation and found the statutory criteria for an IRCS under s.42(7) YCJA satisfied; imposed the maximum youth sentence of seven years as an IRCS under s.42(2)(r) (custodial portion up to four years followed by supervised community placement) and credited 39 days remand against the custodial portion.

Citation
2015 NSPC 38
Parties
Crown: Her Majesty the Queen; Accused/young Person: B.P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 June 2015
Procedural Posture
Youth Criminal Second Degree Murder / Sentencing Decision
Outcome
Guilty plea accepted; sentenced to a seven-year youth sentence under the YCJA as an IRCS order.
Legal Topics
Second Degree Murder, IRCS (intensive Rehabilitative Custody and Supervision), Juvenile Sentencing, Remand Credit, Psychological Assessment and Rehabilitation
Source Language
English
Criminal Law Youth Justice Sentencing Second Degree Murder IRCS (intensive Rehabilitative Custody and Supervision) Juvenile Sentencing Remand Credit Psychological Assessment and Rehabilitation

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Parties

Her Majesty the Queen

Crown

B.P.

Accused/young Person

Procedural Posture

Youth Criminal Second Degree Murder / Sentencing Decision

Legal Issues

  1. 1 Eligibility for IRCS under the YCJA
  2. 2 Appropriate youth sentence and length
  3. 3 Application of presumption of diminished moral blameworthiness for youth

Ratio Decidendi

The court accepted the joint recommendation and found the statutory criteria for an IRCS under s.42(7) YCJA satisfied; imposed the maximum youth sentence of seven years as an IRCS under s.42(2)(r) (custodial portion up to four years followed by supervised community placement) and credited 39 days remand against the custodial portion.

Court Disposition

Guilty plea accepted; sentenced to a seven-year youth sentence under the YCJA as an IRCS order.

Orders

  • Impose an IRCS sentence under YCJA s.42(2)(r) for a total term of seven years.
  • Custodial portion of the IRCS sentence not to exceed four years, reduced by 39 days credit for remand (credit applied against the custodial portion).