George Walker

N.M., a young person, pleaded guilty to second-degree murder of his foster father.

The Crown sought an adult sentence, arguing N.M. had sufficient maturity and that a youth sentence would be insufficient for accountability.

The court considered N.M.'s disadvantaged background, emotional development issues, and the cumulative pressures he faced, including racism and family dysfunction.

The judge found that the Crown failed to rebut the presumption of diminished moral blameworthiness and that a youth sentence could hold N.M. accountable.

N.M. was sentenced to a youth sentence of seven years, comprising three-and-a-half years in custody and three-and-a-half years under conditional supervision, with no credit for pre-sentence custody.

The defendant, R.D., was tried on charges of sexual assault and sexual interference involving his step-granddaughter.

The Crown presented evidence from the complainant, her mother, and step-father.

The defence argued that the complainant's delayed disclosure was influenced by her mother's reprimand and personal history, and that the defendant lacked opportunity.

The court found the defendant and his wife untruthful about the opportunity to commit the offences.

However, the court expressed concerns about the reliability of the complainant's statement due to potential influence from her mother's well-intentioned inquiries and instructions.

Ultimately, the court found that the Crown did not prove guilt beyond a reasonable doubt, and the charges were dismissed.

The accused, indicted for first-degree murder, applied for an order requiring the Crown to produce criminal records and police occurrence reports for all Crown witnesses.

The Crown agreed to provide criminal records but opposed the production of occurrence reports, arguing they were not first-party disclosure and that the third-party disclosure procedure had not been followed.

The court found that occurrence reports from the investigating police service (NRPS) for nine specific Crown witnesses fell within the Crown's first-party disclosure obligation under *Stinchcombe* and *McNeil*, as credibility was a live issue and the reports related directly to the investigation.

However, the court declined to order disclosure from other police services, deeming them third parties, and dismissed the third-party disclosure application due to procedural non-compliance under *O'Connor*.