R. v. C.C.

R. v. C.C.

Given the unique facts, the s.34 assessment and the unanimous, concrete plan and commitment from community agencies at the s.19 case conference showing stable supports and measurable rehabilitation progress, a two-year probation order (the maximum non-custodial term) with stringent conditions, regular court check-ins, release of the s.34 report to the Provincial Director, a two-year firearms prohibition and a DNA order best satisfy the YCJA objectives of rehabilitation, reintegration and long-term protection; custody would have undone demonstrable progress and therefore was rejected with reasons.

Citation
2018 NSPC 49
Parties
Crown: Her Majesty the Queen; Accused: C.C.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
19 November 2018
Procedural Posture
Youth Court Aggravated Assault / Sentencing
Outcome
Young person sentenced to twenty-four months probation; s.51(1) firearms prohibition for two years; DNA order granted; s.34 assessment report released to the Provincial Director
Legal Topics
Aggravated Assault, Probation, Custodial Sentence, Section 34 Assessment, Section 19 Case Conference, Firearms Prohibition, DNA Order
Source Language
English
Youth Criminal Justice Criminal Law Sentencing Aggravated Assault Probation Custodial Sentence Section 34 Assessment Section 19 Case Conference +2 more

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Parties

Her Majesty the Queen

Crown

C.C.

Accused

Procedural Posture

Youth Court Aggravated Assault / Sentencing

Legal Issues

  1. 1 Whether a custodial sentence is required for aggravated assault by a young person under the Youth Criminal Justice Act
  2. 2 Whether deferred custody is available for an offence causing serious bodily harm
  3. 3 Whether a non-custodial lengthy probation can satisfy YCJA purposes of accountability, rehabilitation and long-term public protection

Ratio Decidendi

Given the unique facts, the s.34 assessment and the unanimous, concrete plan and commitment from community agencies at the s.19 case conference showing stable supports and measurable rehabilitation progress, a two-year probation order (the maximum non-custodial term) with stringent conditions, regular court check-ins, release of the s.34 report to the Provincial Director, a two-year firearms prohibition and a DNA order best satisfy the YCJA objectives of rehabilitation, reintegration and long-term protection; custody would have undone demonstrable progress and therefore was rejected with reasons.

Court Disposition

Young person sentenced to twenty-four months probation; s.51(1) firearms prohibition for two years; DNA order granted; s.34 assessment report released to the Provincial Director

Orders

  • Probation for 24 months with stringent conditions and regular court check-ins
  • Release s.34 Assessment Report to the Provincial Director pursuant to s.34(7)(b)(ii)