17 year old pleaded guilty to second degree murder. Killing of a youth group home worker. Victim’s throat slit with a butcher knife. Accused was 22 at the time of sentencing, and was diagnosed as having an anti-social personality disorder.
Held: Adult sentence imposed.
“It is the Crown’s burden to show that [the young person] should be sentenced as an adult. The Crown’s onus is not a heavy one; it need only satisfy the court, nothing more: R. v. Estacio, 2010 ABCA 69. Burden met. A youth sentence, even without credit for time in custody, would not be of sufficient length to hold the young person accountable. Sentence of life imprisonment without parole eligibility for 7 years.
K. Teskey – Defence Counsel