A youth, T.J.T., convicted of second-degree murder, faced a Crown application for an adult sentence under the Youth Criminal Justice Act.
The court assessed the presumption of diminished moral blameworthiness and the sufficiency of a youth sentence for accountability.
Considering T.J.T.'s difficult upbringing, immaturity at the time of the offence, and significant rehabilitative progress in custody, the court found the presumption of diminished moral blameworthiness was not rebutted.
Consequently, a youth sentence was imposed, consisting of the maximum four years in custody followed by three years of conditional supervision, with no credit for pre-sentence custody to ensure sufficient accountability and rehabilitation.