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15yr Girl in Delta beaten to death


key2thecup

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Frist degree murder charges are typically, but not necessarily, indicative of pre-meditation. Murder that occurs in the commission of another offence (such as sexual assault, kidnapping, etc.) can result in first degree murder charges. Since the Crown is suggesting there was no prior relation between victim and accused, it is not likely the offence was premeditated. It is possible that other charges are forthcoming (such as sexual assault) which substantiates the first degree murder charges.

Also, for those who think Not Criminally Responsible due to Mental Disorder (NCRMD) means that the individual will escape 'punishment', they are incorrect. While they may not be incarcerated, they will be admitted to a type of institution with their stay there may be indeterminate. Indeterminate sentencing is significantly more harsh than a determinate sentence.

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They're just simply stating what the maximum a youth can receive in terms of jail time. Once convicted under these terms, you can bet the Crown will submit an application to receive an adult charge ie: 25 years prison with eligibility of parole after 25.

As for his name, everyone here in Delta already knows who it is since it's such a close community.

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The Crown has already stated its intention to seek an adult sentence. In this case since murder is one of the presumptive offences, the accused will have the burden of proving why an adult sentence should not be imposed and persuade the court that a youth sentence will be sufficient to hold the youth accountable. Ultimately the decision will be in the hands of the sentencing judge.

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The reverse onus clause of the presumptive offence section of the YCJA was struck down by R.v. D(B.).

I'm paraphrasing, but using quotation tags for formatting purposes

Bala, N., Carrington, P., & Roberts, J. (2009). Evaluating the YCJA after five years: A Qualified Success. Canadian Journal of Criminology and Criminal Justice, pp. 132-167.

Cesaroni, C., & Bala, N. (2008). Deterrence as a principle of youth Sentencing: No effect on youth, but a significant effect on judges. Queens Law Journal 34, pp. 447-482.

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It is unlawful under the Youth Criminal Justice Act for any person to publish his name or any identifying information as he was under 18 at the time of the alleged offence.

Identity of offender not to be published

110. (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.

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Ya but can't individuals tell each other to their hearts content?

So no you can't put it on here as this is the public, but you could simply email the name to one person if you want can't you?

In the battle of the government trying to withhold information (right or wrong) vs. the internet at the end of the day the internet is going to win.....

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Since it's not secure how would the court know it was even you that sent it?]

I don't think the courts are going to chase down people that are effectively using modern word of mouth.

Life sucks if you spend all your time worrying about what MIGHT get you into trouble, especially when common sense tells you that it won't.

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