S. Boutzouvis

Following convictions for first degree murder committed when the offenders were young persons, the Crown applied for adult sentences under s. 72 of the Youth Criminal Justice Act.

The court assessed the seriousness of the offence, the personal circumstances and criminal histories of the young persons, and broader societal interests including accountability and public protection.

The murder was a planned execution-style killing involving coordinated roles by each offender and subsequent efforts to conceal involvement.

Although two offenders were eligible for Intensive Rehabilitative Custody and Supervision orders, the court concluded that youth sentences would not provide sufficient accountability or protection of the public.

Adult sentences were therefore imposed on all three young persons.

Four young persons were charged with the first-degree murder of a sixteen-year-old victim who was shot and killed in a residential building staircase.

The Crown alleged that the accused lured the victim into the staircase as part of a planned and deliberate execution, relying heavily on surveillance video and extensive text message evidence containing gang slang.

The court found three of the accused guilty as joint principals or aiders, concluding they orchestrated and executed the plan.

The fourth accused was found not guilty, as the evidence raised suspicions but failed to prove his involvement beyond a reasonable doubt.