Ms. Michelle Sherwood

A young person pleaded guilty to robbery while armed with a handgun.

The Crown sought a custody and supervision order of six to nine months, while the defence sought probation.

The court imposed a mixed sentence consisting of five months probation followed by four months in open custody and two months community supervision, with a review scheduled to potentially convert the custodial portion to additional probation.

The court balanced the seriousness of the offence against the principle of diminished moral blameworthiness, the young person's early guilty plea, family support, and rehabilitation potential.

Two young persons charged with robbery and assault causing bodily harm brought a section 11(b) Charter application seeking a stay of proceedings on the basis that their right to be tried within a reasonable time had been infringed.

The charges arose from an incident in which the victim was assaulted and robbed at a high school.

The applicants were arrested on July 25, 2011, and the matter was set for trial on August 14, 15, and 17, 2012—a total delay of 12 months and 21 days.

The court applied the four-factor Morin test and found that while the total delay exceeded ideal timelines for youth cases, the systemic delay attributable to Crown and institutional factors was only 5.6 months, falling within administrative guidelines.

The court found no substantial prejudice beyond that inherent in being charged and concluded that society's interest in having the serious charges tried on their merits outweighed the applicants' interest in a prompt trial.

The application was dismissed.