J. Heaton

The young person, convicted of second degree murder and sentenced to the maximum youth sentence, appeared for an automatic annual review of his sentence under s. 94(1) of the Youth Criminal Justice Act.

The Crown sought to confirm the sentence, while the defence sought a conversion of the remaining custodial portion from secure to open custody.

The court found that the young person had made significant progress in rehabilitation, completed his high school diploma, and exhausted available programming in secure custody.

The court ordered that the remaining custodial portion of the sentence be served in open custody to facilitate his reintegration into the community.

The offender pleaded guilty to robbery and unlawful confinement after he and associates bound retail store employees and stole over $135,000 in merchandise.

The court accepted a joint submission for a 30-month gross sentence.

The court granted standard Summers credit and a modest amount of enhanced Duncan credit for harsh pre-sentence custody conditions, declining to grant a full 2:1 ratio due to the offender's 21 institutional misconducts.

The net sentence was time served, followed by three years of probation.