R. v. T.D.R.

R. v. T.D.R.

Because of the inexplicable and significant delay in bringing decade-old youth charges to court combined with police/administrative failures (including failure to record charges on CPIC and to follow youth-processes), the public interest in imposing custody was exhausted and a custodial sentence would not achieve meaningful consequences; therefore a reprimand was imposed for the youth offences.

Citation
2015 NSPC 25
Parties
Crown: Her Majesty the Queen; Accused (youth): T.D.R.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
22 April 2015
Procedural Posture
Youth Sentencing / Sentencing Decision
Outcome
Youth charges: non-custodial sentence; reprimand on each youth charge. No custody imposed for the youth matters.
Legal Topics
Delay in Prosecution, Custody Gateway, Recording Charges (cpic), Meaningful Consequences, Youth Sentencing Principles
Source Language
English
Youth Criminal Justice Criminal Law Sentencing Police Procedure Delay in Prosecution Custody Gateway Recording Charges (cpic) Meaningful Consequences +1 more

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Parties

Her Majesty the Queen

Crown

T.D.R.

Accused (youth)

Procedural Posture

Youth Sentencing / Sentencing Decision

Legal Issues

  1. 1 Whether custodial sentence appropriate for decade-old youth offences
  2. 2 Impact of inexcusable delay on sentencing and meaningful consequences
  3. 3 Responsibility of police to record and follow up youth charges (CPIC, notice to parent)

Ratio Decidendi

Because of the inexplicable and significant delay in bringing decade-old youth charges to court combined with police/administrative failures (including failure to record charges on CPIC and to follow youth-processes), the public interest in imposing custody was exhausted and a custodial sentence would not achieve meaningful consequences; therefore a reprimand was imposed for the youth offences.

Court Disposition

Youth charges: non-custodial sentence; reprimand on each youth charge. No custody imposed for the youth matters.

Orders

  • Accused reprimanded on each count contained in the Youth Criminal Justice Act information.
  • No custodial sentence imposed for the youth matters due to inordinate delay and administrative failures.