Jin Won Kim

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.

The Crown appealed a trial judge's decision to stay proceedings against the respondent for sexual assault and sexual touching.

The trial judge had found that s. 150.1 of the Criminal Code infringed s. 7 of the Charter because the respondent lacked mens rea, having mistakenly believed the age of consent was lower than 15.

The Superior Court of Justice allowed the appeal, holding that s. 150.1 does not create absolute liability and does not infringe s. 7.

The court found the trial judge erred by treating sexual assault as a specific intent offence and by improperly granting a constitutional exemption under s. 24(1) of the Charter.

The stay was set aside and the matter remitted for sentencing.