R. v. M.M., 2012 ABPC 153

• Judge: Lipton, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: June 08, 2012
• Citations: 2012 ABPC 153;(2012), 541 A.R. 348 (PC)

R. v. M.M. (2012), 541 A.R. 348 (PC)

MLB headnote and full text

Temp. Cite: [2012] A.R. TBEd. JN.062

Her Majesty the Queen v. M.M., born 1989 and a Young Person within the meaning of the Youth Criminal Justice Act, S.C. 2002, c. 1, as amended as of February 3rd, 2007

(100735265Y101001; 2012 ABPC 153)

Indexed As: R. v. M.M.

Alberta Provincial Court

Lipton, P.C.J.

June 8, 2012.

Summary:

The accused, a young person, was charged with murder.

The Alberta Provincial Court, in a decision reported [2012] A.R. Uned. 254, convicted the accused of first degree murder. The matter proceeded to sentencing.

The Alberta Provincial Court held that a youth sentence under the Youth Criminal Justice Act was not appropriate in this case. The court, therefore, imposed a sentence of life imprisonment without eligibility for parole for 10 years. The court also ordered that the accused provide a DNA sample and imposed a lifetime weapons ban.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise. The face page of this judgment contained a notation that the judgment was intended to comply with the restrictions in the Youth Criminal Justice Act so that it could be published.

Criminal Law - Topic 5881

Sentence - Murder (incl. attempts) - [See third Criminal Law - Topic 8817.8 ].

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence (incl. place of custody) - The Youth Criminal Justice Act, s. 72, provided that if the youth justice court was of the opinion that a youth sentence would have sufficient length to hold a young person "accountable" for his or her offending behaviour, it was bound to impose a youth sentence, and if not the court had to order an adult sentence - The Alberta Provincial Court discussed what was meant by the word "accountable" in s. 72 - See paragraphs 73 to 75.

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence (incl. place of custody) - The Alberta Provincial Court (Lipton, P.C.J.) stated that "The final issue to consider is whether the principles of the YCJA [Youth Criminal Justice Act] are still applicable in sentencing a youth to an adult sentence. As noted in R. v. Beharry ... there is a conflict in the case law. This particular issue does not appear to have been argued before the Courts in Alberta. Nevertheless, I am of the opinion that youth sentencing principles should continue to apply even if the court determines that an adult sentence must be imposed because a youth sentence would not be of sufficient length to hold the youth accountable" - See paragraphs 76 and 77.

Criminal Law - Topic 8817.8

Young offenders - Decisions (incl. punishments) - Adult sentence (incl. place of custody) - The accused was 17 years old when he shot and killed the victim (execution style) - He was convicted of first degree murder - Five prior convictions for other offences - Claimed that he was only an accessory - Engaged in criminal activities while on remand - Dysfunctional family background - Drug involvement - Had two children - Now 22.5 years old - Psychopathology testing indicated significant antisocial behaviour with poor impulse control - Unable to express empathy for victim - The Alberta Provincial Court imposed an adult sentence of life imprisonment without parole eligibility for 10 years - See paragraphs 1 to 107.

Criminal Law - Topic 8802

Young offender - Decisions (incl. punishments) - Credit for time served - The Alberta Provincial Court discussed whether pre-trial custody had to be taken into account in reducing the custodial portion of a youth sentence - The court concluded that the case law supported the conclusion that in appropriate circumstances, pre-trial incarceration could be taken into account in ways other than in a reduction of the custodial portion of a youth sentence under the Youth Criminal Justice Act - See paragraphs 68 to 72.

Words and Phrases

Accountable - The Alberta Provincial Court discussed the meaning of the word "accountable" in s. 72 of the Youth Criminal Justice Act, S.C. 2002, c. 1 - See paragraphs 73 to 75.

Cases Noticed:

R. v. D.B., [2008] 2 S.C.R. 3; 374 N.R. 221; 237 O.A.C. 110; 2008 SCC 25, refd to. [para. 7].

R. v. K.B.P., [2012] A.R. Uned. 180; 2012 ABQB 135, refd to. [para. 8].

R. v. Tsyganov (S.) (1998), 172 N.S.R.(2d) 43; 524 A.P.R. 43 (C.A.), refd to. [para. 66].

R. v. Stephen (B.E.) (1999), 244 A.R. 372; 209 W.A.C. 372 (C.A.), refd to. [para. 67].

R. v. D.D.T. (2010), 493 A.R. 167; 502 W.A.C. 167; 2010 CarswellAlta 2350 (C.A.), refd to. [para. 68].

R. v. D.M.T. (2012), 522 A.R. 180; 544 W.A.C. 180; 2012 ABCA 142, refd to. [para. 70].

R. v. A.O. et al. (2007), 222 O.A.C. 38; 2007 CarswellOnt 1181 (C.A.), refd to. [para. 74].

R. v. Beharry, 2010 CarswellOnt 7668 (Sup. Ct.), refd to. [para. 77].

Statutes Noticed:

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 3(1)(b)(ii), sect. 38 [para. 6]; sect. 42(2)(q)(i) [para. 6]; sect. 72 [para. 6].

Counsel:

G. Schorn and K. Binns, for the Crown;

A. Ouellette, for the Young Person, M.M.

This decision was heard on May 28, 30 and June 8, 2012, before Lipton, P.C.J., of the Alberta Provincial Court, who delivered the following decision on June 8, 2012.