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Discretion over youth sentencing upheld in crowd shooting case

Thursday, November 10, 2016 @ 7:00 PM | By John Schofield

A recent Ontario Court of Appeal decision is a reminder to lawyers in youth court cases that they cannot count on clients receiving full credit for pre-sentence custody.

Section 38(3)(d) of the 2003 Youth Criminal Justice Act (YCJA) requires youth sentencing judges to “take into account” time spent in pre-sentence detention when crafting a sentence. But the unanimous Oct. 17 ruling in R. v. M.B. 2016 ONCA 760, confirms that youth sentencing judges have discretion over how much credit is given.

“Youth sentencing judges are mandated...