R. v. K.W.

R. v. K.W.

The court has jurisdiction to reconsider and reverse a s.36 YCJA finding; applying a contextual test that balances deference to counsel with the statutory protection for young persons, the judge must determine whether the admitted facts support a reasonable inference of the essential elements of the offence. On the facts presented the inference of intent sufficient for attempted murder was reasonably open and the original s.36 finding was upheld; the application to change the plea to accessory to aggravated assault was denied.

Citation
2011 NSPC 41
Parties
Crown: Her Majesty the Queen; Young Person/accused: K.W.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
11 July 2011
Procedural Posture
Youth Criminal (ycja) / Section 36 Finding Reconsideration; Plea Withdrawal Application
Outcome
Application to reverse s.36 finding and to change plea to accessory after the fact to aggravated assault denied; original s.36 finding upheld.
Legal Topics
Accessory After the Fact, Attempted Murder, Aggravated Assault, YCJA S.36, Plea Withdrawal, Jurisdiction to Rescind S.36 Finding, Inference of Intent
Source Language
English
Criminal Law Youth Justice Accessory After the Fact Attempted Murder Aggravated Assault YCJA S.36 Plea Withdrawal Jurisdiction to Rescind S.36 Finding +1 more

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Parties

Her Majesty the Queen

Crown

K.W.

Young Person/accused

Procedural Posture

Youth Criminal (ycja) / Section 36 Finding Reconsideration; Plea Withdrawal Application

Legal Issues

  1. 1 Whether the court has jurisdiction to reverse a s.36 YCJA finding of guilt
  2. 2 What test applies to withdrawal of a guilty plea after a s.36 finding
  3. 3 Whether the agreed facts support the inference of intent necessary for attempted murder

Ratio Decidendi

The court has jurisdiction to reconsider and reverse a s.36 YCJA finding; applying a contextual test that balances deference to counsel with the statutory protection for young persons, the judge must determine whether the admitted facts support a reasonable inference of the essential elements of the offence. On the facts presented the inference of intent sufficient for attempted murder was reasonably open and the original s.36 finding was upheld; the application to change the plea to accessory to aggravated assault was denied.

Court Disposition

Application to reverse s.36 finding and to change plea to accessory after the fact to aggravated assault denied; original s.36 finding upheld.

Orders

  • Application dismissed; original s.36 finding of guilt (accessory after the fact to attempted murder) remains and sentencing to proceed under that finding