R. v. B.T.

R. v. B.T.

An IRCS sentence is the appropriate and necessary disposition to achieve rehabilitation and long-term public protection; the maximum youth sentence of three years is required to implement the IRCS plan effectively, but the custodial component is set at 20 months with 16 months community supervision as a calibrated exercise of discretion where the 16 months remand is taken into account but not credited because it would dilute the rehabilitative purpose; ancillary orders (weapons prohibition, DNA) and concurrent 60-day custody orders for related offences under s.39(1)(d) YCJA are imposed.

Citation
2013 NSPC 23
Parties
Crown: Her Majesty The Queen; Accused: T.(B.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
28 March 2013
Procedural Posture
Youth Criminal Manslaughter Sentencing (youth Criminal Justice Act Ircs) / Sentencing Decision
Outcome
Accused convicted of manslaughter sentenced to an IRCS order: 20 months continuous custody followed by 16 months community supervision; concurrent 60-day custody and supervision orders for each related offence; weapons prohibition and DNA order imposed.
Legal Topics
Manslaughter, Intensive Rehabilitative Custody and Supervision (ircs), Remand Credit, Rehabilitation and Reintegration, Moral Culpability, Ancillary Orders (weapons Prohibition, Dna)
Source Language
English
Youth Criminal Justice Act Criminal Law Sentencing Forensic Psychology Manslaughter Intensive Rehabilitative Custody and Supervision (ircs) Remand Credit Rehabilitation and Reintegration +2 more

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Parties

Her Majesty The Queen

Crown

T.(B.)

Accused

Procedural Posture

Youth Criminal Manslaughter Sentencing (youth Criminal Justice Act Ircs) / Sentencing Decision

Legal Issues

  1. 1 Whether an IRCS sentence is appropriate
  2. 2 Appropriate length of go-forward custodial and supervision components
  3. 3 Whether to grant credit for 16 months pre-sentence custody (remand credit)

Ratio Decidendi

An IRCS sentence is the appropriate and necessary disposition to achieve rehabilitation and long-term public protection; the maximum youth sentence of three years is required to implement the IRCS plan effectively, but the custodial component is set at 20 months with 16 months community supervision as a calibrated exercise of discretion where the 16 months remand is taken into account but not credited because it would dilute the rehabilitative purpose; ancillary orders (weapons prohibition, DNA) and concurrent 60-day custody orders for related offences under s.39(1)(d) YCJA are imposed.

Court Disposition

Accused convicted of manslaughter sentenced to an IRCS order: 20 months continuous custody followed by 16 months community supervision; concurrent 60-day custody and supervision orders for each related offence; weapons prohibition and DNA order imposed.

Orders

  • Intensive Rehabilitative Custody and Supervision order: 20 months continuous custody followed by 16 months community supervision
  • Return to court in six months with report from IRCS treatment team