David MacKenzie

The young person, an aboriginal youth, pleaded guilty to manslaughter after fatally stabbing his cousin during an altercation.

The court considered the chaotic social conditions of his remote community, his history of solvent abuse, and Gladue factors.

The court declined to grant enhanced credit for pre-trial custody.

The young person was sentenced to two years, comprising six months of pre-trial custody credit, three months in secure custody, and 15 months of conditional supervision in the community with conditions to attend school and address substance abuse and anger issues.

The Crown appealed a sentencing judge's decision to suspend the respondent's conditional sentence order and direct her to serve 30 days in custody intermittently on weekends following three admitted breaches.

The Crown argued that the Criminal Code does not permit intermittent sentences for conditional sentence breaches.

Applying the Ontario Court of Appeal's decision in R. v. Ng, the Superior Court agreed that the sentencing judge lacked jurisdiction to impose an intermittent sentence.

The appeal was allowed, but because the respondent had already served the 30 days, the sentence was varied to time served plus probation.