R. v. Smith

R. v. Smith

The Crown met its onus under s.72 YCJA to show that a youth sentence would be insufficient to hold Mykel Smith accountable given his calculated, callous and criminally sophisticated conduct, the severe and permanent injury to the victim, the offender's maturity and extensive record; therefore an adult sentence is appropriate, but the offender's youth remains a relevant mitigating factor; the court imposed a 14-year federal custodial sentence with 469 days remand credit at 1:1.

Citation
2010 NSPC 53
Parties
Crown/prosecution: Her Majesty the Queen; Accused/young Person: Mykel Smith
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
23 August 2010
Procedural Posture
Criminal Youth / Sentencing (whether to Impose an Adult Sentence)
Outcome
Adult sentence imposed
Legal Topics
Attempted Murder, Youth Sentencing Vs Adult Sentencing, Rebuttal of Diminished Moral Culpability, Remand Credit, Publication Ban
Source Language
English
Criminal Law Youth Criminal Justice Act Sentencing Law Attempted Murder Youth Sentencing Vs Adult Sentencing Rebuttal of Diminished Moral Culpability Remand Credit Publication Ban

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Parties

Her Majesty the Queen

Crown/prosecution

Mykel Smith

Accused/young Person

Procedural Posture

Criminal Youth / Sentencing (whether to Impose an Adult Sentence)

Legal Issues

  1. 1 Whether a sentence under the Youth Criminal Justice Act would be sufficient to hold the young person accountable
  2. 2 If a youth sentence is insufficient, whether an adult sentence should be imposed and what its duration should be
  3. 3 How to weigh youth sentencing principles (YCJA) against adult sentencing principles (Criminal Code)

Ratio Decidendi

The Crown met its onus under s.72 YCJA to show that a youth sentence would be insufficient to hold Mykel Smith accountable given his calculated, callous and criminally sophisticated conduct, the severe and permanent injury to the victim, the offender's maturity and extensive record; therefore an adult sentence is appropriate, but the offender's youth remains a relevant mitigating factor; the court imposed a 14-year federal custodial sentence with 469 days remand credit at 1:1.

Court Disposition

Adult sentence imposed

Orders

  • Sentence of 14 years custody to be served in a federal penitentiary
  • Remand credit of 469 days to be applied at a 1:1 rate