R v DA

R v DA

Applying YCJA principles prioritizing rehabilitation and the presumption against custody, the court accepted the s.34 psychologist's assessment and recommendations, rejected the psychiatrist's criticisms as unsupported and unnecessary, found reasonable non-custodial alternatives available and imposed a two-year probation order with ancillary orders (2-year weapons prohibition and a primary-designated DNA collection order); publication restrictions apply under YCJA and the Criminal Code.

Citation
2017 NSPC 95
Parties
Crown/prosecution: Her Majesty the Queen; Accused (young Person): DA
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
25 October 2017
Procedural Posture
Youth Criminal Sentencing / Sentencing Hearing
Outcome
Accused sentenced to a two-year probation order; ancillary orders granted.
Legal Topics
Sentencing, Sexual Offences, Incest, DNA Collection, Publication Restrictions, Expert Evidence
Source Language
English
Criminal Law Youth Justice Sentencing Sexual Offences Incest DNA Collection Publication Restrictions Expert Evidence

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Parties

Her Majesty the Queen

Crown/prosecution

DA

Accused (young Person)

Procedural Posture

Youth Criminal Sentencing / Sentencing Hearing

Legal Issues

  1. 1 Whether custody was required under the Youth Criminal Justice Act
  2. 2 Appropriate sentence for incest committed by a young person
  3. 3 Weight and admissibility of competing expert reports under s.34 YCJA

Ratio Decidendi

Applying YCJA principles prioritizing rehabilitation and the presumption against custody, the court accepted the s.34 psychologist's assessment and recommendations, rejected the psychiatrist's criticisms as unsupported and unnecessary, found reasonable non-custodial alternatives available and imposed a two-year probation order with ancillary orders (2-year weapons prohibition and a primary-designated DNA collection order); publication restrictions apply under YCJA and the Criminal Code.

Court Disposition

Accused sentenced to a two-year probation order; ancillary orders granted.

Orders

  • Probation for a term of 2 years, effective immediately, with terms as set out in the court checklist.
  • Two-year weapons-prohibition order under s.51 of the Youth Criminal Justice Act.