The Crown applied to have Dave, an accused young offender transferred to adult court. He was charged with second-degree murder and possession of a prohibited weapon.

The murder charge resulted from a quarrel between the deceased, a 23-year-old man, and Dave's brother. The quarrel escalated to a struggle, and the accused held the victim to the ground while his brother stabbed him several times with a knife.

There was no apparent motive for the murder and there was no evidence to suggest that drugs or alcohol were involved.

Evidence given at the transfer hearing indicated that Dave had apeared in court on a number of break and enter, and theft charges over a period of four years. Other evidence describes him as a hard-working student who responded well to supervision and to being removed from bad company. Immature for his age, he was easily led astray.

Dave was six weeks short of his eighteenth birthday at the time of the offence. His brother who was eighteen months older, was tried and convicted for seconddegree murder.

1. Give reasons wh Dave should be transferred to adult court.
2. Give reasons why Dave should NOT be transferred to adult court