Supreme Court

Decision Information

Decision Content

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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