R. v. N.W.

R. v. N.W.

The Crown did not satisfy the court that the presumption of diminished moral blameworthiness was rebutted given the offender's age, developmental immaturity, background (including race and systemic factors), lack of prior youth record and signs of rehabilitative engagement in custody; further, a youth sentence (including IRCS) could provide sufficient length and measures to hold him accountable and afford reasonable assurance of rehabilitation — therefore the Crown application for an adult sentence is dismissed and the youth must be sentenced under the YCJA.

Citation
2018 NSPC 14
Parties
Crown: Her Majesty the Queen; Young Person / Accused: N. W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
24 April 2018
Procedural Posture
YCJA S.72 Application to Impose an Adult Sentence / Sentencing Hearing — Application Stage
Outcome
Crown application to impose an adult sentence dismissed; young person to be sentenced as a youth under the YCJA
Legal Topics
Adult Sentence Under YCJA S.72, IRCS (intensive Rehabilitative Custody and Supervision), Moral Blameworthiness, Race and Culture Considerations, Risk Assessment and Treatability, Parole Eligibility
Source Language
English
Youth Criminal Justice Criminal Law Sentencing Correctional Administration Administrative Law (provincial Director) Adult Sentence Under YCJA S.72 IRCS (intensive Rehabilitative Custody and Supervision) Moral Blameworthiness +3 more

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Parties

Her Majesty the Queen

Crown

N. W.

Young Person / Accused

Procedural Posture

YCJA S.72 Application to Impose an Adult Sentence / Sentencing Hearing — Application Stage

Legal Issues

  1. 1 Whether the presumption of diminished moral blameworthiness under YCJA s.72(1)(a) is rebutted
  2. 2 Whether a youth sentence in accordance with YCJA purpose and principles would be of insufficient length to hold the young person accountable (YCJA s.72(1)(b))
  3. 3 Whether race and cultural/systemic background bear on moral culpability and sentencing

Ratio Decidendi

The Crown did not satisfy the court that the presumption of diminished moral blameworthiness was rebutted given the offender's age, developmental immaturity, background (including race and systemic factors), lack of prior youth record and signs of rehabilitative engagement in custody; further, a youth sentence (including IRCS) could provide sufficient length and measures to hold him accountable and afford reasonable assurance of rehabilitation — therefore the Crown application for an adult sentence is dismissed and the youth must be sentenced under the YCJA.

Court Disposition

Crown application to impose an adult sentence dismissed; young person to be sentenced as a youth under the YCJA

Orders

  • Order that the young person is not liable to an adult sentence and that a youth sentence must be imposed (YCJA s.72(1.1))