What is the burden of proof in rebutting the presumption of diminished moral blameworthiness under s. 72(1)(a)?

British Columbia, Canada


The following excerpt is from R. v T.M., 2017 BCSC 862 (CanLII):

In R v. P at para. 38, Mr. Justice Jenkins cited the following passage from R. v. A.O. as authority on the burden of proof borne by the Crown in rebutting the presumption of diminished moral blameworthiness under s. 72(1)(a): The youth court judge reasoned that in order to ensure that the most serious interventions are reserved for the most serious crimes, as mandated by the preamble to the YCJA, the burden of proof is not mere satisfaction, but rather "a very heavy onus to satisfy", as he put it. With respect, we would not describe the onus in those terms. Section 72(2) imposes an onus of satisfying the court, nothing more. However, in applying that onus, it is important that a youth justice court bear in mind the very serious consequences of an adult sentence for the young person, so as to only order an adult sentence when necessary to fulfil the objectives of the YCJA.

Other Questions


Does the burden of proof change when the trial judge reversed the burden? (British Columbia, Canada)
What is the burden of proof against two presumptions: resulting trust and indefeasible title? (British Columbia, Canada)
Can a party who receives funds from a parent to their adult child to rebut the presumption of a resulting trust rebutting that the transfer is a gift? (British Columbia, Canada)
What is the burden of rebutting the presumption of resulting trust? (British Columbia, Canada)
What is the difference between moral claims and moral claims? (British Columbia, Canada)
What is the burden of proof on an employer who is pleading just cause for termination? (British Columbia, Canada)
Can a bank record indicating a right of survivorship be used to rebut the presumption of a resulting trust? (British Columbia, Canada)
What is the test for rebutting the presumption in a will? (British Columbia, Canada)
What is the burden of proof for an assessment of loss of past and future earning capacity? (British Columbia, Canada)
Does a presumption of advancement need to be rebutted? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.