Young Offenders (Sentencing Cases)

This page was last substantively updated or reviewed January 2018. (Rev. # 99294)

• < Sentencing
• < Cases

• < Sentencing
• < Sentencing Young Offenders

Cases concerning Sentencing Young Offenders.

Digests

Sexual Violence

Case Name	Prov.	Crt.	Offence(s)	Sentence	Summary
R v KB, 2025 ABCJ 102 (CanLII)	AB	PC		6 month CS (4 closed, 2 open) + 12 mo probation
R v DS, 2025 ONCJ 169 (CanLII), per March J	ON	PC		6 month DCSO
R v SA, 2024 ONCJ 663 (CanLII)	ON	CJ		2 years probation	Offender was 22 years old at the time of sentencing.
R v KL, 2023 ABCJ 180 (CanLII)	AB	CJ		2 years probation
R v AB, 2023 ABPC 69 (CanLII), per De Souza J	AB	PC	4 months open custody + 2 mo supervision + 6 months probation.	16-year-old offender. 12-year-old victim. Vaginal and digital penetration. Masturbation.	{{{6}}}
R v HL, 2022 BCPC 277 (CanLII), per Wolf J	BC	PC	sexual assault	90 days custody + 18 probation with ISSO	13-year-old victim
R v LP, 2022 ONCJ 403 (CanLII), per West J	ON	PC
R v IA, 2022 ONCJ 490 (CanLII), per Monahan J	ON	CJ
R v RS, 2022 ONCA 123 (CanLII), per curiam	ON	CA		12 months open custody, 6 months supervision	"the Ontario Court of Appeal upheld a sentence of 12 months open custody and six-months supervision in a sex assault case. There were two victims in that case. The sex assaults involved anal intercourse involving a 15-year-old female victim and forced oral sex and anal intercourse involving a 14-year-old female victim."
R v CZ, 2021 BCPC 25 (CanLII), per Doulis J	BC	PC		24-month probation	"a 16 year old defendant was found to have sexually assaulted a 14-year-old. ... The defendant was indigenous and suffered from numerous disorders including fetal alcohol spectrum disorder. After a trial, both the Crown and the defence urged the court to impose a 24 month probationary sentence which the court did impose." [1]
R v AW, 2021 ABPC 14 (CanLII), per Airth J	AB	PC	sexual interference	2 years probation	intercourse
R v MA, 2020 SKPC 13 (CanLII), per Kovatch J	SK	PC		15 mo open custody
R v PM, 2020 CanLII 42278 (NL PC), per Gorman J	NL	PC		12 mo probation
R v JS, 2019 ONCJ 873 (CanLII), per Berg J	ON	PC			"the court imposed a probationary sentence in a case involving incest from over 25 years earlier. The defendant was now an adult serving an adult sentence in a penitentiary for “similar offences”." [2]
R v JRS, 2019 ONCA 852 (CanLII)	ON	CA			"the Court of Appeal dealt with a sexual assault case that involved anal and vaginal penetration. The Court of Appeal found that the imposition of a deferred custody order by the trial judge had resulted in an illegal sentence as serious bodily harm had occurred. The Court of Appeal held that that an appropriate sentence would have been 12 months custody and supervision but given the sentence already served imposed a 6 months and nine day custody and supervision order with two months being served in the community."
R v PR, 2018 SKCA 27 (CanLII), per Herauf JA	SK	CA		12 mo probation	11-year-old niece
R v MMO, 2017 BCPC 78 (CanLII), per Challenger J	BC	PC	sex assault	discharge + 12 mo Prob.
R v JS, 2017 YKTC 23 (CanLII), per Cozens J	YK	SC
R v PEL, 2017 BCCA 215 (CanLII), per Fitch JA	BC	CA
R v J.B, 2017 ONCJ 542 (CanLII), per Wakefield J	ON	PC		8 months open custody	"this court imposed a sentence of eight months open custody and four months community service for a sexual assault and forcible confinement. The sexual assault in that case involved non-consensual intercourse by a defendant who was just short of his 18th birthday. The complainant’s age is not clear from the reported decisions. Both the complainant and the defendant were under the influence of alcohol."
R v DB, 2016 ABPC 23 (CanLII), per Tousignant J	AB	PC		6 mo DCS, 9 mo prob
R v ETM, 2016 ABPC 43 (CanLII), per Redman J	AB	PC
R v JAH, 2016 MBCA 58 (CanLII), per Chartier and Monnin JJA	MB	CA		3-years probation	"the Manitoba Court of Appeal dealt with a young offender who committed major sexual assaults on five young children. The court found that a deferred custody order was not legally available but imposed a three-year probationary sentence, largely due to the fact that the defendant was enrolled in a residential program for sex offenders (see para 35 and following). In effect, the defendant was in a highly supervised program which was similar to a conditional sentence in an adult context." [3]
R v RJDB, 2015 YKTC 16 (CanLII), per Chisholm J	YK	TC		24 mo probation
R v NC, 2015 SKPC 79 (CanLII), per Daunt J	SK	PC	interference	18 mo probation	6-year-old victim
R v JB, 2015 CanLII 56998 (NL PC), per Skanes J	NL	PC			6 year old cousin
R v NE et al, 2015 ONCJ 767 (CanLII), per Baker J	ON	PC		18 months open custody and supervision
R v SCL, 2014 BCCA 336 (CanLII), per D Smith J	BC	CA		CS
R v MR, 2014 ONCA 484 (CanLII)	ON	CA			"the Ontario Court of Appeal upheld a sentence of 200 days in secure custody and 100 days of “community service” which I understand to be the supervision portion of the sentence to be served in the community. The sexual assault in that case was by a 16-year-old male and involved a 15-year-old female complainant. It involved non-consensual oral sex and anal sex. The defendant had, subsequent to the sexual assault, tried to paint the conduct as consensual and he tried to force the complainant into silence. The trial judge said that probation alone would not address the needs of rehabilitation, reintegration, specific deterrence and denunciation. The Court of Appeal found that the trial judge made no error in principle."
R v AA, 2013 BCCA 202 (CanLII), per Harris JA	BC	CA		6 mo CS with 2 year ISSP
R v TB, 2013 ONCA 675 (CanLII)	ON	CA			"the Ontario Court of Appeal upheld a sentence of 12 months closed custody and supervision order and 12 months probation on a charge of sexual interference. The 17-year-old defendant had groped a 13-year-old complainant between her legs and grabbed her breasts. The victim was a total stranger. The defendant suffered from a severe conduct disorder that could lead to antisocial personality disorder as an adult. The Court of Appeal stated at paragraph 8 that “it is doubtful that any lesser disposition would have been effective in holding the appellant accountable while at the same time promoting his rehabilitation and reintegration into society as required by section 38 (1) of the Act”."
R v BDL, 2013 SKQB 355 (CanLII), per Danyliuk J	SK	SC		18 months probation
R v M(P), 2013 ONCJ 36 (CanLII), per Bishop J	ON	PC	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.
R v JL, 2013 BCPC 347 (CanLII), per MacCarthy J	BC	PC	sexual assault causing bodily harm	22 months CSO and 2 mo ISSP
R v KO, 2012 NLCA 55 (CanLII), per Wells JA	NL	CA
R v A(D), 2011 ONCJ 748 (CanLII)	ON	PC
R v JLW, 2011 ABPC 368 (CanLII), per McLellan J	AB	PC	sexual assault
R v JK, 2011 NWTTC 11 (CanLII), per Gorin J	NWT	TC		6 mo CS + 12 mo prob
R v DBV, 2011 BCSC 1350 (CanLII), per Joyce J	BC	SC	sexual assault	18 mo IRCS + 12 mo CSC	"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."
R v CVS, 2010 BCPC 71 (CanLII), per Frame J	BC	PC
R v L(J), 2010 ONCJ 453 (CanLII)	ON	CJ
R v B(A), 2010 ONCJ 186 (CanLII)	ON	CJ			"the Court imposed a 6 month custody and supervision order with 4 months being in open custody and 2 months under supervision in the community. The case involved vaginal penetration with the defendant’s fingers and penis although no ejaculation. The defendant was 16 years old and had no record and the complainant was 14 years old. The trial judge said that she was impressed with the supports the defendant had in the community and his accomplishments."

Physical Violence

Case Name	Prov.	Crt.	Offence(s)	Sentence	Summary
R v k5kjp, CanLII 60431 (NL PC) {{{3}}}, per Gorman J	aggravated assault	9 months SCS		{{{5}}}	{{{6}}}
R v LA, 2023 BCPC 12 (CanLII)	BC	PC
R v RP, 2023 CanLII 6009 (NL PC), per Gorman J	NL	PC
R v CC, 2018 NSPC 49 (CanLII), per McGrath J	aggravated assault			{{{5}}}	{{{6}}}
R v T.S.P, 2018 BCPC 365 (CanLII)	BC	PC	aggravated assault	15 months CS	"the young person was convicted of the offence of aggravated assault. The offender stabbed the victim multiple times with a folding knife. The youth court judge imposed a fifteen month custody and supervision order."
R v DMT, 2012 ABCA 142 (CanLII)	AB	CA
R v RRJ, 2009 BCCA 580 (CanLII)	BC	CA	aggravated assault	1 year CS	"the young offender committed a number of offences, including aggravated assault. This offence involved the stabbing of another young person. A one year custody and supervision order was imposed. On appeal, the custodial sentence was affirmed." [4]
R v KS, 2009 NLCA 46 (CanLII)	NL	CA	aggravated assault		"a young offender pleaded guilty to the offence of aggravated assault. The Court of Appeal indicated that she had “smashed a beer bottle in the face of the victim and badly cut his forehead and eye” (at paragraph 1). The offender had no prior convictions. The youth court judge imposed a period of twenty months of probation. In upholding the sentence imposed, the Court of Appeal held that the “trial judge did not err in considering the individual circumstances of K.S. and crafting a sentence aimed at the long term protection of the public rather than adopting the range of sentence suggested by the Crown’s precedents. This Court must accept that the formulation of a sentencing order is “a profoundly subjective process”. See, Shropshire, at para. 46. I am not persuaded the sentence in the present case was demonstrably unfit” (at paragraph 44)."
R v JTL, , [2006 N.J. No. 121 (P.C.)]	NL	PC	assault, causing a disturbance and two breaches of probation		"the young offender was convicted of the offences of assault, causing a disturbance and two breaches of probation. The assault involved him pushing a teacher at his school. I imposed a period of four months of secure custody and supervision."
R v S.P.L, [2005 N.J. No. 350 (P.C.)]	NL	PC	assault causing bodily harm		"the young offender pleaded guilty to a number of offences, including the offence of assault causing bodily harm. The offender “assaulted another young person outside of a school in Corner Brook. S.P.L. and another young person struck the victim repeatedly in the face. The victim’s face was swollen and he required medical assistance” (see paragraph 3). For this offence, I imposed a period of four months of custody and supervision."

Property

Case Name	Prov.	Crt.	Offence(s)	Sentence	Summary
R v DW, 2011 NLCA 21 (CanLII), per Welsh JA	Robbery	4 months DCS + P	Offender stole chain off victim's neck. He had a prior record for robbery.	{{{5}}}	{{{6}}}

Murder and Manslaughter

Case Name	Prov.	Crt.	Offence(s)	Sentence	Summary
R v PD, 2025 ABKB 320 (CanLII)	AB	SC
R v JWW, 2024 MBPC 84 (CanLII)	MB	PC
R v ALAW, 2021 BCPC 178 (CanLII)	BC	PC
R v ASD, 2019 BCSC 147 (CanLII)	BC	SC
R v BW, 2019 MBPC 20 (CanLII)	MB	PC			"the young offender also pleaded guilty to the offence of manslaughter. He had spent the equivalent of thirty months in pre-sentence custody. This was held to be a sufficient penalty. The youth court judge distinguished M.D.C. by noting that “the doctor who assessed the Accused found the incident involving the deceased to be an isolated incident that was extremely out of character and inconsistent with the Accused’s prior history, orientation and values” (at paragraph 44)."
R v NW, 2018 NSPC 14 (CanLII), per J	NS	PC	first degree murder	IRCS
R v BP, 2015 NSPC 38 (CanLII), per J	NS	PC	second degree murder	7-year IRCS
R v BT, 2013 NSPC 23 (CanLII), per J	NS	PC	manslaughter	IRCS
R v TCR, 2013 MBPC 63 (CanLII), per Thompson J	MB	PC
R v TPD, 2009 NSSC 332 (CanLII), per J	NS	SC	second degree murder	7-year IRCS

Application to Sentence as an Adult

Case Name	Offence(s)	Sentence	Summary
R v Johnson, 2017 BCSC 1240 (CanLII), per Donegan J		4 years imprisonment	"...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." [5]
R v DVJS, 2013 MBPC 34 (CanLII), per Pollack J	2nd degree Murder	adult sentence
R v KH, 2013 MBPC 31 (CanLII), per Martin J	Robbery x 3	sentenced as adult
R v CM, 2013 ABPC 30 (CanLII), per Franklin J	2nd Degree Murder
R v R.R.I., 2013 MBQB 22 (CanLII), per McCawley J	Robbery		sentenced as youth
R v B.S.A., 2013 BCSC 75 (CanLII), per Goepel J	2nd Degree Murder	5.5 years imprisonment	sentenced as adult
R v Kim, [2013] BCJ No. 2571 (BCSC)(*no CanLII links)			"...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"[6]
R v Peynado, 2011 BCCA 524 (CanLII), per 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."[7]
R v Brar, 2011 BCSC 875 (CanLII), per 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"[8]
R v Carter, 2010 BCSC 853 (CanLII), per 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"[9]
R v Cador, [2010] AJ No. 1406 (ABCA)(*no CanLII links)		7 years imprisonment	"Cador lured her boyfriend to a bar where he was beaten by others in a planned and premediated assault."[10]
R v BF, 2009 SKCA 136 (CanLII)	SK	CA	7 years (attempted murder)
R v Quintana, 2009 BCCA 119 (CanLII), per Finch JA		10 years	Youth and another were armed with a hatchet attacked the victim with it. No acknowledgement of wrongdoing or remorse.
R v Ansari, 2009 BCCA 381 (CanLII), per Bauman JA		5 years imprisonment	"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."[11]
R v Nguyen, [2008] BCJ No. 1128 (BCCA)(*no CanLII links)			"...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..."[12]
R v MacDonald, 2007 BCCA 606 (CanLII), per 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"[13]
R v Lai, 2006 BCCA 368 (CanLII), 229 BCAC 236, per 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;" [14]
R v Gill, 2006 BCCA 127 (CanLII), per 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"[15]
R v REA, 2003 BCSC 925 (CanLII), per 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"[16]
R v Barton, 2003 BCCA 206 (CanLII), per 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"[17]
R v Miloszewski, 2001 BCCA 745 (CanLII), [2001] BCJ No. 2765, per Lamert JA		12 years imprisonment and 15 years imprisonment	"[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"[18]
R v Gagliardi, 2000 ABCA 137 (CanLII), per 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"[19]
R v Watson, , [1998] BCJ No. 2180 (BCSC)(*no CanLII links)		7 years imprisonment	the two offenders beat the victim, leaving him in a ditch where he drowned. Both youths had learning disabilities.
R v Ly, , [1994] BCJ No. 1325(*no CanLII links)			"...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"[20]

Unpublished Rulings

• R v GS [21]
  • November 30, 2018
  • 3 years (manslaughter x 2)