R. v. T. G.

R. v. T. G.

Applying s.487.051(3) to the facts of this young person — significant prior record including multiple designated offences, the serious nature and circumstances of the attempted robbery, and a finding of only minimal, routine intrusion on privacy and security — the court concluded it is in the best interests of the administration of justice to authorize DNA sampling under s.487.051(1)(b).

Citation
2004 NSPC 19
Parties
Crown: R.; Accused (young Person): T. G.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
5 March 2004
Procedural Posture
Application for DNA Order Under S.487.051 Criminal Code / Decision on Crown Application After Guilty Pleas and Sentencing
Outcome
Application granted
Legal Topics
DNA Order, S.487.051 Criminal Code, Privacy Vs Administration of Justice, Secondary Designated Offence
Source Language
English
Criminal Law Youth Criminal Justice Forensic DNA Law DNA Order S.487.051 Criminal Code Privacy Vs Administration of Justice Secondary Designated Offence

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Parties

R.

Crown

T. G.

Accused (young Person)

Procedural Posture

Application for DNA Order Under S.487.051 Criminal Code / Decision on Crown Application After Guilty Pleas and Sentencing

Legal Issues

  1. 1 Whether a DNA order should be made under s.487.051(1)(b) for a secondary designated offence
  2. 2 How to apply the s.487.051(3) factors (criminal record, nature and circumstances of the offence, impact on privacy and security) to a young person
  3. 3 Whether YCJA principles alter the test for DNA orders for young persons

Ratio Decidendi

Applying s.487.051(3) to the facts of this young person — significant prior record including multiple designated offences, the serious nature and circumstances of the attempted robbery, and a finding of only minimal, routine intrusion on privacy and security — the court concluded it is in the best interests of the administration of justice to authorize DNA sampling under s.487.051(1)(b).

Court Disposition

Application granted

Orders

  • Authorization for the taking of such samples of the bodily substances of T.G. as are reasonably required for the purposes of forensic DNA analysis pursuant to s.487.051(1)(b) Criminal Code