David Gibson

A youth charged with sexual assault and criminal negligence causing death pleaded guilty to both offences.

The Crown sought an adult sentence under the Youth Criminal Justice Act, arguing the offences were sufficiently serious.

The court considered psychiatric evidence, a pre-sentence report, victim impact statements, and the youth's background.

The court rejected the Crown's application for an adult sentence, finding that the presumption of diminished moral responsibility had not been rebutted and that a youth sentence was appropriate and sufficient for accountability.

The Crown appealed an order directing that a young person charged with first degree murder be tried in youth court.

Applying the transfer framework under s. 16 of the Young Offenders Act, the court held that the inquiry required an assessment of whether public protection and rehabilitation could likely be reconciled within the youth court disposition regime.

Despite the gravity of the alleged planned and deliberate murder and the respondent's age, the evidence supported findings that the respondent did not suffer from a conduct disorder, had shown positive institutional adjustment, and had realistic rehabilitative prospects within the available 10-year secure disposition.

The appeal was dismissed and the youth court order was confirmed.