L'ETCAF et le Système de Justice

R. v Henderson, 2018 SKPC 27 (Anand J)

Application to sentence female young offender as an adult following plea to second degree murder - accused beat 46-day-old baby to death - YCJA presumption of diminished moral culpability can be rebutted by demonstrating that the diminishment is due to factors other than age, such as FASD - even though accused did not demonstrate maturity, sophistication or capacity for independent judgment of an adult, Crown established there was no causal connection between age and diminished moral blameworthiness - life in prison, no eligibility for parole for 7 years - recommendation that as much of sentence as possible be served at a psychiatric centre