SUPREME COURT OF NOVA SCOTIA
Citation: R. v. T.P.D., 2009 NSSC 332
Date: 20090626
Docket: CR 293417
Registry: Halifax
Between:
Her Majesty the Queen
Plaintiff
v.
T.P.D.
Defendant
LIBRARY HEADING
Restriction on
Publication: Publication ban on name of accused
Judge: The Honourable Justice Suzanne M. Hood
Heard: December 8, 9, 10 and 11, 2008; February 26;
March 30; May 6, 2009 in Halifax, Nova Scotia
Written Decision: November 20, 2009 (oral decision given on June 26)
Subject: Youth Criminal Justice Act: sentencing for second degree murder; youth or adult sentence; Intensive Rehabilitative Custody and Supervision order
Summary: T.P.D. pled guilty to second‑degree murder. He was 17 at the time of the offence and the Crown seeks an adult sentence for him.
Issues: 1) Adult or youth sentence;
2) IRCS
Result: Crown has not met the onus on it for the imposition of an adult sentence; IRCS order made; provincial director’s determination whether IRCS order is appropriate must be reasonable, not arbitrary or based upon incomplete information or wrong assumptions.
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