Supreme Court sets standard for Crown on seeking adult sentences for youth
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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.
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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.
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.
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Get email updates from your favourite authors. THIS ARTICLE IS FREE TO READ REGISTER TO UNLOCK. Create an account or sign in to continue with your reading experience. Access articles from across Canada with one account Share your thoughts and join the conversation in the comments Enjoy additional articles per month Get email updates from your favourite authors Don't have an account? Create Account Frattolin, 45, was charged on Monday, at a courthouse in Ticonderoga, N.Y., with the second-degree murder of his daughter Melina and with concealing her body. Late Saturday night, Frattolin claimed to police that his daughter was kidnapped while he stopped to urinate near an exit on Interstate 87 in Lake George, N.Y. While the New York State Police investigated Frattolin's claims, they noticed his story changed. By early Sunday afternoon, they found Melina's body under a log in a pond and Frattolin was arrested. 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