R. v. Skeete

R. v. Skeete

The Crown satisfied the evaluative burden under s.72(1) YCJA: given the particularly brutal and deliberate nature of the offence (104 stab wounds), the offender’s early-onset severe conduct disorder, chronic polysubstance abuse, longstanding high risk of violent reoffending, repeated failures of community supervision, lack of an available IRCS plan and the inevitability of transfer to the adult federal system, a youth sentence (4+3 years) would not be of sufficient length to hold him accountable nor provide reasonable assurance of rehabilitation; therefore an adult sentence (life imprisonment with seven years parole ineligibility) was mandatory and was imposed.

Citation
2013 NSPC 3
Parties
Crown: Her Majesty The Queen; Accused: Melvin Skeete
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2013
Procedural Posture
Youth Sentencing for Second Degree Murder / Sentencing Decision on Crown Application for Adult Sentence Under YCJA (sections 71,72)
Outcome
Adult sentence imposed: life imprisonment for second degree murder with parole ineligibility of 7 years
Legal Topics
Adult Sentence Application, Remand Credit, Intensive Rehabilitative Custody and Supervision (ircs), Parole Ineligibility, Victim Impact
Source Language
English
Criminal Law Youth Criminal Justice Sentencing Adult Sentence Application Remand Credit Intensive Rehabilitative Custody and Supervision (ircs) Parole Ineligibility Victim Impact

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Parties

Her Majesty The Queen

Crown

Melvin Skeete

Accused

Procedural Posture

Youth Sentencing for Second Degree Murder / Sentencing Decision on Crown Application for Adult Sentence Under YCJA (sections 71,72)

Legal Issues

  1. 1 Whether the Crown has rebutted the presumption of diminished moral culpability under the YCJA such that an adult sentence (life) must be imposed
  2. 2 Whether a youth sentence (maximum 4 years custody + 3 years supervision) would be of sufficient length to hold the young offender accountable
  3. 3 Whether remand time must be credited against a youth custodial sentence or may be otherwise taken into account

Ratio Decidendi

The Crown satisfied the evaluative burden under s.72(1) YCJA: given the particularly brutal and deliberate nature of the offence (104 stab wounds), the offender’s early-onset severe conduct disorder, chronic polysubstance abuse, longstanding high risk of violent reoffending, repeated failures of community supervision, lack of an available IRCS plan and the inevitability of transfer to the adult federal system, a youth sentence (4+3 years) would not be of sufficient length to hold him accountable nor provide reasonable assurance of rehabilitation; therefore an adult sentence (life imprisonment with seven years parole ineligibility) was mandatory and was imposed.

Court Disposition

Adult sentence imposed: life imprisonment for second degree murder with parole ineligibility of 7 years

Orders

  • Life imprisonment for second degree murder with parole ineligibility of 7 years (adult sentence)
  • Lifetime weapons prohibition under Criminal Code s.109 and YCJA s.51