R v DB
R v DB, 2008 SCC 25 is a constitutional law decision of the Supreme Court of Canada wherein a split Court held 5-4 that "presumptive offences" (offences where the offender is prosecuted as an adult) found in the Youth Criminal Justice Act is unconstitutional for violating Section Seven of the Canadian Charter of Rights and Freedoms. In its analysis, the majority found that it was a principle of fundamental justice that young people should be entitled to a presumption of diminished moral culpability.
R v DB | |
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Hearing: October 10, 2007 Judgment: May 16, 2008 | |
Full case name | Her Majesty The Queen v. DB |
Citations | 2008 SCC 25 |
Docket No. | 31460 |
Court membership | |
Reasons given | |
Majority | Abella J. (paras. 1-102), joined by McLachlin C.J. and Binnie, LeBel and Fish JJ. |
Dissent | Rothstein J. (paras. 103-192), joined by Bastarache, Deschamps and Charron JJ. |
External links
- Full text of Supreme Court of Canada decision available at LexUM and CanLII
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