I.M. v. His Majesty the King (40868)

Supreme Court of Canada Hearings (English Audio)

(PUBLICATION BAN IN CASE) (CERTAIN INFORMATION NOT AVAILABLE TO THE PUBLIC)

The appellant participated in a planned robbery with intent to steal a firearm from a seventeen year old youth. He and his co-assailants attacked the victim outside his residence. They beat him and stabbed him. Their victim died from his wounds. The appellant and his co-assailants then entered the victim’s home, pistol-whipped the victim’s mother, and searched the home for firearms. The appellant was charged with first degree murder. He was seventeen years old at the time of the offence and was tried before a jury in Youth Justice Court. He conceded at trial that he was guilty of manslaughter because he willingly participated in a planned robbery. The jury convicted the appellant of first degree murder. The Crown applied to have the appellant sentenced as an adult. The sentencing judge granted the application and sentenced the appellant to life imprisonment without eligibility for parole for 10 years. The Court of Appeal dismissed an appeal from the sentencing decision.

Argued Date

2024-10-15

Keywords

Criminal law — Sentencing — Young person sentenced as adult — Whether the Court of Appeal erred in sentencing a young person as an adult on the basis that Crown counsel rebutted the presumption of diminished moral blameworthiness under s. 72(1) of the Youth Criminal Justice Act, S.C. 2002, c. 1?

Notes

(Ontario) (Criminal) (By Leave) (Publication ban in case) (Certain information not available to the public)

Language

English Audio

Disclaimers

This podcast is created as a public service to promote public access and awareness of the workings of Canada's highest court. It is not affiliated with or endorsed by the Court. The original version of this hearing may be found on the Supreme Court of Canada's website. The above case summary was prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch).