R. v. R.J.D.

R. v. R.J.D.

Section 39(1)(b) of the YCJA permits consideration of custody where a young person has failed to comply with non-custodial sentences as reflected in a consolidated order; breaches of a single consolidated non-custodial order that embodies sentences for multiple matters can satisfy s.39(1)(b), and breaches before the court at the time of sentencing may be considered to open the gateway to custody; a DCSO is therefore a legally permissible sentence in these circumstances.

Citation
2011 NSPC 78
Parties
Crown: Her Majesty the Queen; Accused: R. J. D.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
10 November 2011
Procedural Posture
Youth Criminal Sentencing / Sentencing Hearing
Outcome
Guilty pleas accepted; sentenced to a 30 day Deferred Custody and Supervision Order followed by an 11 month probation order
Legal Topics
Deferred Custody and Supervision Order, Section 39(1)(b) Interpretation, Custody Eligibility, Breach of Non Custodial Sentences, Consolidation of Orders
Source Language
English
Youth Criminal Justice Act Criminal Law Sentencing Statutory Interpretation Deferred Custody and Supervision Order Section 39(1)(b) Interpretation Custody Eligibility Breach of Non Custodial Sentences +1 more

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Parties

Her Majesty the Queen

Crown

R. J. D.

Accused

Procedural Posture

Youth Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Whether a Deferred Custody and Supervision Order (DCSO) can be imposed under the YCJA
  2. 2 Whether s.39(1)(b) requires failures to comply with more than one separate non-custodial sentence order or whether breaches of a single consolidated order can qualify
  3. 3 Whether breaches that are before the court at the time of sentencing can be counted under s.39(1)(b)

Ratio Decidendi

Section 39(1)(b) of the YCJA permits consideration of custody where a young person has failed to comply with non-custodial sentences as reflected in a consolidated order; breaches of a single consolidated non-custodial order that embodies sentences for multiple matters can satisfy s.39(1)(b), and breaches before the court at the time of sentencing may be considered to open the gateway to custody; a DCSO is therefore a legally permissible sentence in these circumstances.

Court Disposition

Guilty pleas accepted; sentenced to a 30 day Deferred Custody and Supervision Order followed by an 11 month probation order

Orders

  • Followed by 11 months probation with same conditions except curfew relaxed to 10:00 pm to 6:00 am daily