Teen's sentence in Chelsie Probert death begins with 5 months in jail

The Dartmouth, N.S., teenager convicted of manslaughter in the killing of Chelsie Probert two years ago must serve five more months in youth jail as part of a three-year sentence involving custody followed by supervision in the community.

Nova Scotia youth court Judge Elizabeth Buckle sentenced the 17-year-old on Tuesday in a Halifax courtroom in the death of Probert, 18, who was fatally stabbed on a path in north-end Dartmouth in June 2017.

The judge said she did not believe the teen, whose identity is protected by a publication ban, delivered the fatal blow. But Buckle said he was wearing a mask and participating in an armed robbery when Probert was killed.

"Robbery with weapons is an inherently dangerous act," Buckle said.

The Crown's star witness during trial was Rory Taylor, the only other person on the path the night Probert died. Buckle said Taylor did not have the benefit of his own trial, but evidence suggests he fatally stabbed the young woman.

Intensive rehabilitation

The Crown and defence had agreed an intensive, rehabilitative custody and supervision (IRCS) sentence was appropriate for the youth convicted of manslaughter and that the maximum term was three years. The sentence includes counselling, therapy and instruction.

The only issue in dispute was whether any additional time in custody was required.

The defence had argued the youth had served sufficient time in custody because he was held for 105 days following his arrest in 2017. The Crown countered by saying his IRCS sentence should begin with 12 to 18 months in custody at the Waterville youth facility in the Annapolis Valley.

Buckle rejected the defence suggestion for time served, saying the youth had made no apparent effort to improve himself while on house arrest during his trial.

She said time in custody was required to "kick start" his rehabilitation. Once he completes his five months in jail, he will serve 31 months under supervision in the community.

Grief of family and friends

In her sentencing decision, the judge acknowledged the broader impact of Probert's death.

"This kind of crime has an impact on the community at large," she said, describing the incident as "random, unprovoked and completely senseless."

Family and friends of Probert delivered 14 victim impact statements when sentencing arguments were made last month.

"I could not possibly describe the grief that those statements reveal," Buckle said.

Probert's father, Jason Probert, described writing his statement as the second-hardest thing he ever had to do, next to burying his first born.

As the youth was led out of court Tuesday, Probert ran to the door, which was being guarded by sheriff's deputies.

"I want to see him in custody," he said, as deputies snapped handcuffs on the teen and led him to a holding cell in the basement of the Halifax courthouse.