R. v. Y.

R. v. Y.

The court found that the possession and distribution of the victim's sexualized images created a substantial likelihood of causing psychological harm and thus qualifies as a "violent offence" under s.2(c) of the YCJA (psychological harm falls within "bodily harm"). Despite that finding, the court imposed the least restrictive, proportionate sentence capable of meeting YCJA objectives: a two-year conditional discharge (non-custodial) with specific supervision, treatment, internet restrictions and community service, and ordered forfeiture of the computer and ancillary DNA and a two-year weapons prohibition.

Citation
2015 NSPC 66
Parties
Crown: Her Majesty the Queen; Accused: Y
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
9 October 2015
Procedural Posture
Youth Criminal (youth Justice Court) / Sentencing Decision
Outcome
Conditional discharge for two years (non-custodial); finding that offences qualify as a "violent offence" under s.2(c) YCJA; ancillary orders for forfeiture of computer, DNA order and weapons prohibition (2 years).
Legal Topics
Extortion, Possession of Child Pornography, Distribution of Child Pornography, Definition of Violent Offence Under YCJA, Conditional Discharge Vs Probation, Ancillary Orders (dna, Forfeiture, Weapons Prohibition)
Source Language
English
Criminal Law Youth Justice Internet/technology Related Offences Child Pornography Extortion Possession of Child Pornography Distribution of Child Pornography Definition of Violent Offence Under YCJA +2 more

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Parties

Her Majesty the Queen

Crown

Y

Accused

Procedural Posture

Youth Criminal (youth Justice Court) / Sentencing Decision

Legal Issues

  1. 1 Whether the offences constitute a "violent offence" under s.2(c) of the YCJA
  2. 2 Whether a probation order or a conditional discharge best satisfies YCJA sentencing principles
  3. 3 What specific conditions are appropriate for a non-custodial youth sentence

Ratio Decidendi

The court found that the possession and distribution of the victim's sexualized images created a substantial likelihood of causing psychological harm and thus qualifies as a "violent offence" under s.2(c) of the YCJA (psychological harm falls within "bodily harm"). Despite that finding, the court imposed the least restrictive, proportionate sentence capable of meeting YCJA objectives: a two-year conditional discharge (non-custodial) with specific supervision, treatment, internet restrictions and community service, and ordered forfeiture of the computer and ancillary DNA and a two-year weapons prohibition.

Court Disposition

Conditional discharge for two years (non-custodial); finding that offences qualify as a "violent offence" under s.2(c) YCJA; ancillary orders for forfeiture of computer, DNA order and weapons prohibition (2 years).

Orders

  • Conditional discharge for a duration of two years commencing on sentencing date
  • Report to a youth worker at 1256 Barrington Street, Suite 200, Halifax within 2 days and thereafter as directed