H.A.Q., a young person with a substantial youth record, pleaded guilty to multiple serious offences including discharge firearm and possession of cocaine for trafficking.
The Crown applied to have H.A.Q. sentenced as an adult, seeking a custodial term in the 6-7-year range.
The defence resisted, arguing for a significant youth sentence.
The court applied the two-pronged test under the Youth Criminal Justice Act (YCJA) to determine if an adult sentence was warranted, assessing diminished moral blameworthiness and sufficient accountability.
The court found the presumption of diminished moral blameworthiness was rebutted due to the young person's maturity, planning, and profit-driven criminality.
However, the court ultimately denied the Crown's application, concluding that a maximum youth sentence of 36 months custody and supervision, considering 20 months of presentence custody, would be of sufficient length to hold the young person accountable, aligning with the lower end of the adult sentencing range for similar offences.