R v. D.J.H.

R v. D.J.H.

The defendant failed to discharge the onus under s.487.051(2); his circumstances do not vary markedly from those Parliament intended for primary designated offences and the impact of the DNA order is not grossly disproportionate, therefore the mandatory DNA order must be granted.

Citation
2003 NSPC 40
Parties
Crown: R.; Defendant: D.J.H.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
27 August 2003
Procedural Posture
Youth Criminal — DNA Sample Application Under Criminal Code / Sentencing Hearing / Crown Application Under S.487.051(1)(a) for DNA Order
Outcome
DNA sampling order granted
Legal Topics
DNA Sampling Orders, Privacy and Security of the Person, Primary Designated Offences, Section 487.051 Interpretation, Youth Criminal Justice Act Principles
Source Language
English
Criminal Law Youth Justice Forensic DNA Charter Rights DNA Sampling Orders Privacy and Security of the Person Primary Designated Offences Section 487.051 Interpretation +1 more

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Parties

R.

Crown

D.J.H.

Defendant

Procedural Posture

Youth Criminal — DNA Sample Application Under Criminal Code / Sentencing Hearing / Crown Application Under S.487.051(1)(a) for DNA Order

Legal Issues

  1. 1 Whether the court must order DNA sampling under s.487.051(1)(a) for a primary designated offence
  2. 2 Whether the exception in s.487.051(2) applies because the impact on privacy and security would be grossly disproportionate
  3. 3 How to apply Jordan framework and s.487.051(3) criteria to a young person

Ratio Decidendi

The defendant failed to discharge the onus under s.487.051(2); his circumstances do not vary markedly from those Parliament intended for primary designated offences and the impact of the DNA order is not grossly disproportionate, therefore the mandatory DNA order must be granted.

Court Disposition

DNA sampling order granted

Orders

  • Order under Criminal Code s.487.051(1)(a) authorizing the taking of one or more bodily substance samples from the defendant for DNA analysis