Criminal Law

A 13-year-old cannot be tried as an adult for murder

By Staff

It’s rare — though not unheard of — for a serious charge such as first-degree murder to be laid against a 13-year-old, Toronto criminal lawyer Joseph Neuberger tells Global News.

Neuberger, a partner with Neuberger & Partners LLP, comments after a boy of that age was charged with the offence in Toronto in connection with the death of a man who was run over and suffered a stab wound.

Police are continuing to investigate and are asking anyone with information in the case to reach out to investigators or Crime Stoppers, says the article.

The accused cannot be tried as an adult under the provisions of the Youth Criminal Justice Act because he is under 14 years of age, says Neuberger, who is not involved in the case and comments generally.

If the boy is convicted of the offence, he could face a maximum 10-year sentence, involving a period in custody generally less than six years, and then a few years of conditional supervision in the community, which could be served at a facility for youth, he says.

“It’s not insignificant, and these facilities are quite difficult,” Neuberger says.

“They’re not a piece of cake as people might think.”

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