R. v. N.H.

R. v. N.H.

The Crown did not satisfy its onus on the balance of probabilities that a youth sentence imposed in accordance with the YCJA would be insufficient to hold N.H. accountable; given the statutory youth sentencing principles, Gladue considerations, Section 34 evidence and the positive institutional progress at the youth facility, an adult sentence was not warranted and the elevation application must be dismissed.

Citation
2009 NSPC 36
Parties
Crown: Her Majesty the Queen; Defendant: N.H.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
17 June 2009
Procedural Posture
Youth Justice Court Manslaughter; Elevation Application Under YCJA / Decision on Crown Application to Impose an Adult Sentence Under S.64(2) YCJA
Outcome
Crown application to impose an adult sentence dismissed; youth sentence to be imposed under the Youth Criminal Justice Act
Legal Topics
Manslaughter, Section 64(2) YCJA, Elevation to Adult Sentence, Gladue Factors, Pre Sentence and Section 34 Reports, Youth Sentencing Principles
Source Language
English
Criminal Law Youth Criminal Justice Sentencing Homicide Manslaughter Section 64(2) YCJA Elevation to Adult Sentence Gladue Factors +2 more

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Parties

Her Majesty the Queen

Crown

N.H.

Defendant

Procedural Posture

Youth Justice Court Manslaughter; Elevation Application Under YCJA / Decision on Crown Application to Impose an Adult Sentence Under S.64(2) YCJA

Legal Issues

  1. 1 Whether a youth sentence would be of sufficient length to hold the young person accountable under s.72 YCJA
  2. 2 Whether the Crown has rebutted the presumption of diminished moral culpability on a balance of probabilities
  3. 3 How to weigh Gladue and Section 34 assessment evidence and institutional progress

Ratio Decidendi

The Crown did not satisfy its onus on the balance of probabilities that a youth sentence imposed in accordance with the YCJA would be insufficient to hold N.H. accountable; given the statutory youth sentencing principles, Gladue considerations, Section 34 evidence and the positive institutional progress at the youth facility, an adult sentence was not warranted and the elevation application must be dismissed.

Court Disposition

Crown application to impose an adult sentence dismissed; youth sentence to be imposed under the Youth Criminal Justice Act

Orders

  • Application under s.64(2) YCJA dismissed
  • Youth sentence to be imposed in accordance with the Youth Criminal Justice Act and relevant reports considered