Youth (15 at the time of the offence) pleaded guilty to aggravated assault. Altercation at a bus stop. Accused stabbed the victim (who had been the aggressor) in the neck, resulting in him being a quadriplegic. 3 prior assault relating convictions. Crown sought to have accused sentenced as an adult. Accused accepted for an IRCS sentence (intensive rehabilitative custody supervision order) if sentenced as a youth.
Held: Youth sentence to be imposed.
With an IRCS sentence the risk of reoffending was significantly reduced. “While the onus on the Crown is to merely satisfy the Court that the presumption of diminished moral blameworthiness of the young person is rebutted, and that the youth sentence would not be of sufficient length”, the onus was not met.
G. Johnson – Defence Counsel