SENTENCING - Homicide - Second degree murder - Young persons - Adult sentences

Law360 Canada ( September 20, 2024, 11:23 AM EDT) -- Appeal by BJM from his adult sentence imposed on grounds that he should have been sentenced as a young person. BJM was 17 years old when he shot and killed the victim. He pleaded guilty to second degree murder. BJM was initially charged with first degree murder and breach of a firearms prohibition. Prior to the trial, the Crown gave notice it would seek an adult sentence if BJM was convicted of these crimes. At the trial, BJM pleaded guilty to second degree murder based on an agreed statement of facts. The sentencing judge concluded both prongs of the test governing the imposition of adult sentences on young persons had been met, hence BJM should be sentenced as an adult. The sentencing judge found the evidence clearly established that BJM was not in a state of dependency and immaturity at the time of the commission of the offence. BJM received the mandatory minimum sentence of imprisonment for life with no eligibility for parole for seven years. BJM asserted the sentencing judge erred in law by concluding that the satisfaction standard applied and if the judge had not applied that standard, BJM would have received a youth sentence....
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