Sentencing of a 16-year-old young person who pleaded guilty to failing to stop and remain at the scene of an accident causing bodily harm, contrary to Criminal Code s. 320.16(2).
The young person drove a stolen vehicle at nearly double the posted speed limit with four teenage passengers, fled from police, collided with another vehicle causing serious injuries to two passengers including life-threatening injuries requiring emergency surgery, then fled the scene.
The court considered the presumption of diminished moral culpability under the YCJA, the seriousness of the offence including multiple aggravating factors, the young person's background and rehabilitative prospects, and the inapplicability of Gladue principles due to insufficient evidence connecting self-identified Indigenous heritage to systemic factors.
The court accepted a joint submission for a four-month open custody and supervision order, finding this was the least restrictive sentence capable of holding the young person accountable while promoting rehabilitation and reintegration.
