The Supreme Court of Canada dismissed S.B.’s sentencing appeal and upheld an adult sentence for first degree murder under s. 72 of the Youth Criminal Justice Act.
The majority held the Court of Appeal erred on the standard of proof by not applying beyond a reasonable doubt to rebuttal of diminished moral blameworthiness, but found no impact on outcome because the presumption was rebutted on the record and no reviewable error occurred in the accountability analysis, including treatment of social context evidence and rehabilitative potential.
Concurring judges agreed the appeal should be dismissed but disagreed that beyond a reasonable doubt is the proper standard for rebuttal under s. 72(1).
