SENTENCING - Criminal Code offences – Homicide

Law360 Canada ( July 21, 2025, 1:24 PM EDT) -- Appeal by S.B. from an order of the Court of Appeal imposing the same adult sentence as that imposed by the youth court judge, life sentence without the possibility of parole for 10 years. When S.B. was 16 years old, he and others carried out a plan to shoot and kill another 16-year-old. S.B. was the shooter. S.B. was convicted of first-degree murder. The Crown applied to have S.B. sentenced as an adult. The youth court judge granted the application and imposed a life sentence on S.B. without the possibility of parole for 10 years. The Court of Appeal held that the youth court judge erred by failing to consider and apply the presumption of diminished moral blameworthiness in s. 72(1)(a) of the Youth Criminal Justice Act and therefore conducted S.B.’s sentencing afresh. It concluded that the Crown had rebutted the presumption and that a youth sentence would not be sufficient to hold S.B. accountable. The Court of Appeal imposed the same adult sentence as that imposed by the youth court judge....
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