R. v. J.T.C.

R. v. J.T.C.

Where a young person disputes the Crown’s recited facts on essential elements, those recitals remain allegations and cannot be treated as facts for the purpose of s.36; absent proof beyond a reasonable doubt or an admission, the court cannot make findings of guilt under s.36 and must order a trial on the charges.

Citation
2013 NSPC 48
Parties
Crown: Her Majesty The Queen; Young Person (accused): C.(J.T.)
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
21 June 2013
Procedural Posture
Youth Criminal Case (ycja) / Section 36 Finding Application (post Plea, Pre Sentencing)
Outcome
Section 36 findings of guilt refused where young person disputes essential facts; charges ordered for trial.
Legal Topics
YCJA Section 36, Criminal Code Section 606, Guilty Plea, Plea Negotiations, Standard of Proof, Trial When Facts Disputed
Source Language
English
Criminal Law Youth Justice Procedure YCJA Section 36 Criminal Code Section 606 Guilty Plea Plea Negotiations Standard of Proof +1 more

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Parties

Her Majesty The Queen

Crown

C.(J.T.)

Young Person (accused)

Procedural Posture

Youth Criminal Case (ycja) / Section 36 Finding Application (post Plea, Pre Sentencing)

Legal Issues

  1. 1 Whether a young person’s rejection of Crown‑recited facts precludes making findings of guilt under s.36 YCJA
  2. 2 Whether compliance with s.606 Criminal Code obviates the need for a s.36 adjudication
  3. 3 Whether plea negotiations or counsel’s statements bind the court for purposes of s.36

Ratio Decidendi

Where a young person disputes the Crown’s recited facts on essential elements, those recitals remain allegations and cannot be treated as facts for the purpose of s.36; absent proof beyond a reasonable doubt or an admission, the court cannot make findings of guilt under s.36 and must order a trial on the charges.

Court Disposition

Section 36 findings of guilt refused where young person disputes essential facts; charges ordered for trial.

Orders

  • No findings of guilt under s.36 YCJA on the recited facts
  • Charges set down for trial