T.F.D., a young person, pleaded guilty to second-degree murder.
The Crown applied for an adult sentence under s. 64(1) of the Youth Criminal Justice Act (YCJA), arguing that the presumption of diminished moral blameworthiness was rebutted and a youth sentence would be insufficient for accountability.
The court dismissed the Crown's application, finding that T.F.D.'s actions, though horrendous, were those of an impulsive, immature, and troubled adolescent whose judgment was further impaired by substance use, thus the presumption of diminished moral blameworthiness was not rebutted.
The court determined that the maximum youth sentence of 7 years, including 4 years of intensive rehabilitative custody and 3 years of conditional supervision under an Intensive Rehabilitative Custody and Supervision (IRCS) Order, was appropriate and sufficient for accountability and public protection through rehabilitation, especially given T.F.D.'s acceptance into the IRCS Program.
