R. v. D.P.

R. v. D.P.

The court found that the provincial director's progress report and supporting community assessment established, on a balance of probabilities, exceptional and material positive change in D.A.P.'s circumstances (education, counselling, family reintegration, trust earned via unescorted leaves, employment plan and substance-abstinence measures), and therefore varied the custody-and-supervision order under s.94(19)(b) to release D.A.P. on conditional supervision until the original custodial expiry.

Citation
2018 NSPC 31
Parties
Crown: Her Majesty the Queen; Young Person/offender: D.A.P.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 February 2018
Procedural Posture
Youth Sentence Review Under YCJA / Annual S.94 Review Hearing
Outcome
Custody-and-supervision order varied: young person released on conditional supervision under s.94(19)(b) YCJA until original custodial expiry.
Legal Topics
Sentence Review, Conditional Supervision, Rehabilitation, Publication Ban
Source Language
English
Youth Criminal Justice Criminal Law Sentencing Sentence Review Conditional Supervision Rehabilitation Publication Ban

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Parties

Her Majesty the Queen

Crown

D.A.P.

Young Person/offender

Procedural Posture

Youth Sentence Review Under YCJA / Annual S.94 Review Hearing

Legal Issues

  1. 1 Whether there has been a material change in circumstances under s.94(6) YCJA to warrant release
  2. 2 What disposition is appropriate under s.94(19) YCJA (confirm sentence or release to conditional supervision)
  3. 3 Who bears the burden of proof and the required standard for review

Ratio Decidendi

The court found that the provincial director's progress report and supporting community assessment established, on a balance of probabilities, exceptional and material positive change in D.A.P.'s circumstances (education, counselling, family reintegration, trust earned via unescorted leaves, employment plan and substance-abstinence measures), and therefore varied the custody-and-supervision order under s.94(19)(b) to release D.A.P. on conditional supervision until the original custodial expiry.

Court Disposition

Custody-and-supervision order varied: young person released on conditional supervision under s.94(19)(b) YCJA until original custodial expiry.

Orders

  • Release D.A.P. on conditional supervision until 21 April 2018 (original custodial expiry)
  • Report to provincial director/delegate at 161 Terra Cotta Drive, Suite #2, New Glasgow, NS no later than 4:00 p.m. on 16 February 2018 and thereafter as directed