Supreme Court sets standard for Crown on seeking adult sentences for youth

The Supreme Court of Canada has established a standard Crown prosecutors must meet when they are seeking adult sentences for youth offenders.

The court says they must prove beyond a reasonable doubt that the youth has the developmental age and capacity for moral judgment of an adult.

Under the Youth Criminal Justice Act, youth have what is known as diminished moral culpability.

The onus is on Crown prosecutors to prove that principle doesn’t apply to a specific offender.

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The Supreme Court was reviewing two Ontario cases in which youth offenders were sentenced as adults.

It upheld one of those cases and overturned the other.