Application for a sentence review under s 94(1) YCJA. Accused originally convicted of manslaughter and was sentenced to 9 months secure, 3 months open custody and 1 year conditional supervision. Secure custody portion of the sentence had expired. Accused was now 20 years old. Original offence involved the accused participating in a group attack.

Held: Application denied.

Young person bears the burden of establishing that he had made “sufficient progress to justify a change in the youth sentence”. The “case law indicates that exceptional evidence of change is required before the Court will consider altering the sentence, especially in cases where the offence was serious”: R v C(A), 2005 BCPC 450. Test not met.

A. Hepner – Defence Counsel