Dr. Szanto

The appellant, Romy Desir, appealed an adult sentence for multiple serious crimes, including three jewelry store robberies and aggravated assault, committed when he was 16 years old.

The sentencing judge imposed a global sentence of seven years.

The appellant argued the judge erred in imposing an adult sentence and failed to apply the principle of restraint.

The Court of Appeal upheld the adult sentence, finding no error in the rebuttal of the presumption of diminished moral blameworthiness.

However, the court found that the sentencing judge failed to properly apply the principle of restraint, which dictates that a first penitentiary sentence for a youthful offender should be as short as possible.

Consequently, the global sentence was reduced from seven years to six years less credit for pre-sentence custody.

R.D., a 16-year-old, pleaded guilty to 10 counts related to three jewellery store robberies and one attempted robbery.

The Crown applied for an adult sentence under Section 64(1) of the Youth Criminal Justice Act, arguing that the presumption of diminished moral blameworthiness was rebutted and a youth sentence would not sufficiently hold R.D. accountable.

The defence sought the maximum youth sentence of three years.

The court found that R.D. demonstrated sufficient maturity at the time of the offences, which were well-planned and violent, and that a youth sentence would not be sufficient for accountability.

R.D. was sentenced as an adult to a global term of 7 years imprisonment, less credit for pre-sentence custody.