Summarize the Case based on your understanding

In the fact scenario, it is relatively simple for either counsel or judge (or both) to come up with a sentence proposal for Rick. First, there would be some discussionas to what charge(s) he might plead guilty to. If the Crown concedes that Rick's statement is inadmissible as evidence against him, it would likely be impossible for the Crown to prove that he either intended to join Peter and Brian in robbing Buzzer, or that he did anything to aid and abet them in the robbery. Rick's defence counsel would no doubt be aware of the law (and would likely know the "realpolitik" of the courthouse31) and would probably press for a withdrawal of the robbery and theft charges in exchange for a disposition relating only to the mischief charge.

Rick's counsel might take a hard line with respect to that charge, suggesting that since his client has spent a couple of days in custody already,32has probably been on a restrictive bail for some weeks or months, is a first-time offender, and may have been disciplined by the school (perhaps suspended and/or ordered to pay for the damage caused), the Crown should withdraw the charge. This is consistent with the provisions of the Declaration of Principle in sec. 3 of the YCJA (see Appendix C), which, in general terms, may be said to promote the principle of restraint in the invocation and application of the criminal law against young persons.

It is important to understand that the Crown is the gatekeeper in deciding whether to proceed with charges. Though the judge may provide his or her opinion in forceful termsa certain amount of "leaning on" counsel is a very regular feature of JPTsultimately the Crown might decide that it is in the public interest to proceed against Rick on the mischief charge. If so, the charge would likely be "severed" from the charges against the other accused, and a new (and considerably shortened) trial set. More likely, for Buzzer to have the reassurance of a court order that Rick not have any contact with him, Crown might propose that Rick plead guilty to the mischief charge but that he be given a "conditional discharge," the third lowest form of penaltywhich, if the accused lives up to the conditions imposed, is deemed to lapse after a few years.33Defence counsel would also likely counter with an offer that Rick would enter into a "peace bond," a court order short of a finding of guilt, by which he would be "bound over" to keep the peace and be of good behaviour, and that he not have contact with Buzzer for a period of up to one year.