A 14-year-old young person pleaded guilty to possession of a firearm and failing to comply with a recognizance.
The Crown sought six months open custody followed by one year probation.
Defence counsel argued that custody was unavailable as the offences did not fall within the statutory gateway provisions of the Youth Criminal Justice Act.
The court found that the circumstances constituted "exceptional circumstances" under section 39(1)(d) of the YCJA, permitting a custodial sentence.
However, the court imposed a deferred custody and supervision order rather than open custody, finding this to be the least restrictive sentence most likely to rehabilitate the young person while holding them accountable.
