R. v. B.A.
The Court found the adult sentence inappropriate for the young person given youth sentencing principles and rehabilitation emphasis; the proper disposition was to vary the adult sentence to a suspended sentence with six months probation, concurrent on each count, with 149 days custody credited to reflect time served.
Source-derived case information.
- Citation
- 2009 ONCA 41
- Parties
- Respondent: Her Majesty the Queen; Appellant: B.A. (a young person)
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 22 January 2009
- Procedural Posture
- Criminal (youth) / Appeal From Sentence (court of Appeal)
- Outcome
- Appeal allowed on consent; adult sentence varied to suspended sentence and six months probation; sentences concurrent; 149 days custody credited.
- Legal Topics
- Sentencing, Youth Criminal Justice Act Anonymity/publication Ban, Credit for Pre Trial Custody
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Her Majesty the Queen
Respondent
B.A. (a young person)
Appellant
Procedural Posture
Criminal (youth) / Appeal From Sentence (court of Appeal)
Legal Issues
- 1 Whether an adult sentence was appropriate for the young person
- 2 Appropriate remedial sentence and credit for pre-trial custody
- 3 Application of Youth Criminal Justice Act anonymity provisions
Ratio Decidendi
The Court found the adult sentence inappropriate for the young person given youth sentencing principles and rehabilitation emphasis; the proper disposition was to vary the adult sentence to a suspended sentence with six months probation, concurrent on each count, with 149 days custody credited to reflect time served.
Court Disposition
Appeal allowed on consent; adult sentence varied to suspended sentence and six months probation; sentences concurrent; 149 days custody credited.
Orders
- Appeal allowed on consent
- Adult sentence varied to a suspended sentence followed by probation for six months
Full Case Text
Judgment text and source record
1 paragraphs
R. v. B.A. Collection Decisions of the Court of Appeal Date 2009-01-22 Neutral citation 2009 ONCA 41 Docket numbers C49119 Judges Doherty, David H.; MacPherson, James C.; Lang, Susan Elizabeth Subject Criminal Decision Content WARNING THIS IS AN APPEAL UNDER THE YOUTH CRIMINAL JUSTICE ACT AND IS SUBJECT TO: 110. (1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act… 111. (1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person… 138. (1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, (a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or (b) is guilty of an offence punishable on summary conviction. CITATION: R. v. B.A., 2009 ONCA 41 DATE: 20090116 DOCKET: C49119 COURT OF APPEAL FOR ONTARIO Doherty, MacPherson and Lang JJ.A. BETWEEN Her Majesty the Queen Respondent and B.A. (a young person) Appellant Perry D. Schott, for the appellant Michelle Campbell, for the respondent Heard: January 15, 2009 On appeal from the sentence imposed by Justice Forsyth of the Ontario Court of Justice dated March 19, 2008. APPEAL BOOK ENDORSEMENT [1] On consent, the appeal is allowed. The adult sentence is varied to a suspended sentence followed by probation for six months. The sentence is on each count concurrent and takes into account the 149 days in custody.