Voir la source de Jeunes contrevenants (jurisprudence des peines)

[[en:Young Offenders (Sentencing Cases)]]
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Cases concerning [[Sentencing Young Offenders]].
==Youth Sentences==

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{{SCaseYO|{{CanLIIR-S|AW|jcjps|2021 ABPC 14 (CanLII)}}{{perABPC|Airth J}}| | sexual interference | 2 years probation |intercourse  }}

{{SCaseYO|{{CanLIIR-S|CC|hwjrd|2018 NSPC 49 (CanLII)}}{{perNSPC|McGrath J}} | Agg. assault| | }}

{{SCaseYO|{{CanLIIR-S|M(P)|fvzvn|2013 ONCJ 36 (CanLII)}}{{perONCJ|Bishop J}}  | Sexual Assault, Manslaughter |1 year SC + 1 year DC + 1 year S |sexually assaulted a semi-incapacitated girl while outside drinking. Left the girl out in the slow and she froze to death. }}

{{SCaseYO|{{CanLIIR-S|DW|2g0m5|2011 NLCA 21 (CanLII)}}{{perNLCA|Welsh JA}} | Robbery| 4 months deferred + P | Offender stole chain off victim's neck. He had a prior record for robbery.}}

{{SCaseYO|{{CanLIIR-S|DBV|fncqx|2011 BCSC 1350 (CanLII)}}{{perBCSC|Joyce J}} | | sexual assault| | "the young indigenous offender was 14 at the time of the offence and the victim was the 9 year old playmate of his younger sister. DBV inserted his fingers in the girl’s vagina, causing a two inch tear to her vagina and significant blood loss. She required surgical intervention involving six to eight stitches. DBV was charged with aggravated sexual assault on the victim. Justice Joyce found DBV’s very young age and lack of record mitigating. He noted that the principles in play when sentencing an adult sex offender are not the same as when sentencing a youth. Specifically, the principles of denunciation and general and specific deterrence were not principles of sentencing under the YCJA then in force: ...Justice Joyce imposed a sentence of 18 months’ intensive rehabilitative custody and supervision order pursuant to s. 42(2)(2)(r) of the YCJA." }}

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; Murder and Manslaughter
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{{SCaseYO|{{CanLIIR-S|NW| |2018 NSPC 14 (CanLII)}}{{perNSPC|J}}|  first degree murder | IRCS | |  }}

{{SCaseYO|{{CanLIIR-S|BP| |2015 NSPC 38 (CanLII)}}{{perNSPC|J}}|  second degree murder | 7-year IRCS |  | }}

{{SCaseYO|{{CanLIIR-S|BT| |2013 NSPC 23 (CanLII)}}{{perNSPC|J}}|manslaughter | IRCS | }}

{{SCaseYO|{{CanLIIR-S|TPD| |2009 NSSC 332 (CanLII)}}{{perNSSC|J}}|second degree murder | 7-year IRCS | | }}

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==Application to Sentence as an Adult==
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{{SCaseYO|{{CanLIIR-S|Johnson|h4w83|2017 BCSC 1240 (CanLII)}}{{perBCSC| Donegan J}}| | {{JailY|4}} | "...a 21 year old offender with a youth record and continued criminal activities received 4 years for stabbing a stranger at a house party while both were very drunk." [http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|DVJS|fz59t|2013 MBPC 34 (CanLII)}}{{perMBPC|Pollack J}}|2nd degree Murder |adult sentence|}}

{{SCaseYO|{{CanLIIR-S|KH|fxkb7|2013 MBPC 31 (CanLII)}}{{perMBPC|Martin J}} | Robbery x 3 |sentenced as adult |}}

{{SCaseYO|{{CanLIIR-S|CM|fwd7f|2013 ABPC 30 (CanLII)}}{{perABPC| Franklin J}} | 2nd Degree Murder | |}}

{{SCaseYO|{{CanLIIR-S|R.R.I.|fw656|2013 MBQB 22 (CanLII)}}{{perMBQB|McCawley J}}|Robbery | | sentenced as youth}}

{{SCaseYO|{{CanLIIR-S|B.S.A.|fvpfr|2013 BCSC 75 (CanLII)}}{{perBCSC|Goepel J}}| 2nd Degree Murder | {{JailY|5.5}} | sentenced as adult}}

{{SCaseYO|{{CanLIIR-SN|Kim| [2013] BCJ No. 2571 (BCSC)}}| | | "...the offender, a youth, was part of a group at a restaurant that got into an unplanned fight.  One member of his party got a gun from Kim’s car and shot the victim, who died.  Kim had no record and expressed remorse.  The sentence of 7 years was a joint recommendation"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|Peynado|fpdcw|2011 BCCA 524 (CanLII)}}{{perBCCA|Neilson JA}}| | | "The two offenders were masked and armed as they participated in a home invasion designed to rob the home owner; while Mr. Peynado was leading the home owner through the house to look for valuables, his companion unexpectedly killed one of the other occupants.  Mr. Peynado was 30 years old.  His sentence was reduced on appeal from 11 to 9 years."[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|Brar|fm3xr|2011 BCSC 875 (CanLII)}}{{perBCSC|Grist J}} |  |  | "...a 20 year old offender received 5 years for a swarming death resulting from a planned confrontation at the victim’s house arising from a prior altercation with the accused’s brother.  Brar did not have a weapon, and thus was not the stabber.  He had no criminal record"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|Carter|2b60s|2010 BCSC 853 (CanLII)}}{{perBCSC|Gropper J}}|  |  | "...an 18 year old offender with no record received 5 years for a two on one attack on an intoxicated man in his fifties.  The attack went on for two minutes.  No remorse or insight was displayed; there was a high risk for violent recidivism"[http://canlii.ca/t/hp4nl] }}

{{SCaseYO|{{CanLIIR-SN|Cador| [2010] AJ No. 1406 (ABCA)}} | | {{JailY|7}} | "Cador lured her boyfriend to a bar where he was beaten by others in a planned and premediated assault."[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|BF||2009 SKCA 136 (CanLII)}} | {{SK}}|CA| 7 years (attempted murder) | }}

{{SCaseYO|{{CanLIIR-S|Quintana|22s4g|2009 BCCA 119 (CanLII)}}{{perBCCA|Finch JA}}| | 10 years| Youth and another were armed with a hatchet attacked the victim with it.  No acknowledgement of wrongdoing or remorse.}}

{{SCaseYO|{{CanLIIR-S|Ansari|25fh3|2009 BCCA 381 (CanLII)}}{{perBCCA| Bauman JA}} | | {{JailY|5}} | "a finding of guilty of manslaughter on a murder charge; the accused brought a knife and was the stabber of a person with whom he had a dispute over money, and who threatened and lunged at him.  The sentence of 5 years was upheld on appeal."[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-SN|Nguyen| [2008] BCJ No. 1128 (BCCA)}}| | | "...a youth, sentenced as an adult, was recruited to join in a swarming in which the victim was attacked with a hatchet.  The accused was unaware of the hatchet.  Remorse was accepted as genuine. He received a 20 month conditional sentence which was modified on appeal to custodial time.  The man with the hatchet received 10 years.  The Court of Appeal remarked on the necessity to emphasize denunciation and deterrence in swarming attacks..."[http://canlii.ca/t/hp4nl] }}

{{SCaseYO|{{CanLIIR-S|MacDonald|1v7r9|2007 BCCA 606 (CanLII)}}{{perBCCA|Prowse JA}}| | | "the accused, 34 years old, received a sentence of 7 years for manslaughter (his two companions were charged with murder), although he had not participated in the assault and had believed weapons were present only to intimidate, not to kill.  He was in on the planning and did nothing to stop the violence, and had a significant criminal record and was on parole at the time of the offence"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIRP-S|Lai|1p29w|2006 BCCA 368 (CanLII)|229 BCAC 236}}{{perBCCA|Ryan JA}}|  |  | "...a group were at a club with the intention of encouraging and assisting an Asian group in an unlawful assault upon Korean youths.  One was beaten to death.  The accused were not instigators and their involvement was relatively spontaneous.  They were sentenced to two years less a day; the appeals were dismissed;" [http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|Gill|1msxn|2006 BCCA 127 (CanLII)}}{{perBCCA| Mackenzie JA}}| | | "...a 23 year old offender’s sentence for robbery was reduced on appeal to from five years to three years, on the basis that maximum sentences undermine the prospect of rehabilitation"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|REA|597k|2003 BCSC 925 (CanLII)}}{{perBCSC|Melnick J}}|  |  | "...a 25 year old offender with a record received a sentence of 5 years and 10 months, for a stabbing in a drug transaction"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-S|Barton|5bwn|2003 BCCA 206 (CanLII)}}{{perBCCA|Levine JA}}| | | "the two accused pled guilty to manslaughter and robbery with a firearm in a home invasion situation, both received sentences of 11 years, upheld on appeal for Barton, 22 years old: although the other offender had done the stabbing, the court said Barton was equally morally culpable, had a longer criminal record and was on probation at the time of the offence"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIRP-S|Miloszewski|58vg|2001 BCCA 745 (CanLII)|[2001] BCJ No. 2765}}{{perBCCA|Lamert JA}} | | {{JailY|12}}<ref>after remand credit</ref> and {{JailY|15}}<ref>after remand credit</ref>  | "[A]n elderly Sikh man was attacked and beaten by a group of young men, and died of his injuries.  The attack had a racist motive. The Court of Appeal emphasized the importance of collective responsibility for collective action.  The two offenders who appealed were sentenced to 15 and 18 years, reduced to 12 and 15 years for time in pre-trial custody, upheld on appeal"[http://canlii.ca/t/hp4nl] }}

{{SCaseYO|{{CanLIIR-S|Gagliardi|5rv1|2000 ABCA 137 (CanLII)}}{{perABCA|Jones J}}| | | "...a group of young men attacked another young man for no apparent reason outside a bar, punching him and then kicking him while he lay on the ground, and were convicted of aggravated assault.  Gagliardi had a machete, although it was not clear if he used it.  Gagliardi, 19, was sentenced to 7 years; another co-offender, 21 years old, to 9 years"[http://canlii.ca/t/hp4nl]}}

{{SCaseYO|{{CanLIIR-SN|Watson|, [1998] BCJ No. 2180 (BCSC)}}| |  {{JailY|7}} | the two offenders beat the victim, leaving him in a ditch where he drowned. Both youths had learning disabilities. }}

{{SCaseYO|{{CanLIIR-SN|Ly|, [1994] BCJ No. 1325}} | |  | "...a 26 year old offender’s sentence for manslaughter was increased on appeal from one year to four years.  The victim had been beaten by three people, including the offender"[http://canlii.ca/t/hp4nl]}}

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==Unpublished Rulings==
* R v GS [https://www.cbc.ca/news/canada/edmonton/edmonton-mac-s-store-clerks-killings-teenager-sentencing-1.4928643]
** November 30, 2018
** 3 years (manslaughter x 2)