Federal law saves killer from serving 25 years: Crown

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This article was published 24/10/2007 (6583 days ago), so information in it may no longer be current.

MANITOBA justice officials say the weak-kneed Youth Criminal Justice Act is to blame for cutting a deal with a 17-year-old killer that spared him from facing adult sanctions.

Prosecutor Brent Davidson told court Tuesday the case against Roxanne Fernando’s killer was strong and would have likely resulted in a conviction on a charge of first-degree murder if it had gone to trial.

“This (deal) is not the result of any deficiencies in the Crown’s case,” he said.

Instead, Davidson took aim at the much-maligned Youth Criminal Justice Act that he said makes it nearly impossible to force killers — such as Fernando’s — to be raised to adult court.

“Only the imposition of the Youth Criminal Justice Act, with all its deficiencies, is saving this youth from a life sentence with no chance of parole for a very long time,” Davidson said.

As an adult, he would be given an automatic life sentence with no chance of parole for 25 years.

As a youth, he will be released from custody before he turns 24.

The maximum sentence of six years in custody will be followed by four years of probation. He could be sent back to prison if he violates any conditions.

A court-ordered pre-sentence report found the teen a “low-risk” to re-offend despite committing one of the most chilling murders in recent Winnipeg history. That’s because he has no prior record, has strong family and community supports and the fact he’s finished high school and has been employed.

Davidson said that means this case just isn’t “exceptional enough to take it out of the youth range” despite aggravating factors surrounding Fernando’s slaying.

Federal Conservative Justice Minister Rob Nicholson recently announced plans to strengthen the YCJA by putting greater focus on “deterrence and denunciation” as sentencing principles.

Since the act became law in April 2003, rehabilitation has been the main focus. That has resulted in numerous controversial sentences — including one day in jail for a Winnipeg teen who killed a man with a pool ball wrapped in a sock.

Nicholson said there will also be a full-scale review of the YCJA launched next year in which input will be sought from all provinces.

The Supreme Court is also preparing to hear arguments on the issue of raising youths to adult court to receive adult penalties.

www.mikeoncrime.com