J. Vlacic

Youth sentencing decision for three robbery counts arising from violent car-jackings and an attempted vehicle theft involving vulnerable victims.

The court held that the matter met the exceptional-case custody threshold under s. 39(1)(d) of the Youth Criminal Justice Act, having regard to the seriousness of the offences, the violence used, the harm to victims, and the young person's level of responsibility.

Taking into account lengthy pre-trial detention, rehabilitation efforts in custody, the guilty plea, and the joint submission, the court accepted a low-end disposition.

The sentence imposed was probation in recognition of 12.5 months' deemed custody already served, together with ancillary weapons and DNA orders.

The accused was charged with two counts of assault by choking, attempted murder, discharging a firearm with intent, and aggravated assault against his former spouse.

The Crown relied on circumstantial evidence, including the accused's absence from work, DNA on a hat left at the scene, his subsequent arson of the matrimonial home, and his motive regarding family law proceedings.

The court found the complainant's evidence regarding the prior assaults credible and concluded that the only reasonable inference from the circumstantial evidence was that the accused was the shooter and intended to kill the complainant.

The accused was found guilty on all counts.