K.W., a young person, pleaded guilty to robbery (stealing while armed with an offensive weapon or imitation thereof) under s.343(d) of the Criminal Code.
The court determined the appropriate sentence under the Youth Criminal Justice Act (YCJA).
The Crown sought a custody and supervision order followed by probation, while the defence argued for a probation order.
The court considered the serious nature of the offence, K.W.'s traumatic upbringing in a refugee camp, his undiagnosed Mild Intellectual Disability, and his efforts towards rehabilitation.
The court found that while the "custody gate" was open due to the violent nature of the offence (psychological harm), actual custody was not warranted.
A 5-month deferred custody and supervision order, followed by a 2-year probation order, a 5-year mandatory weapons prohibition, and a DNA order was imposed, balancing accountability, rehabilitation, reintegration, restraint, denunciation, and specific deterrence.