R. v. B., J.
The conviction appeal is dismissed because the trial judge's finding that the appellant spoke to a lawyer before giving his statement was supported by multiple officers' evidence and the appellant did not testify at the voir dire; the sentence is varied to time served with a one‑year probation order because the...
Source-derived case information.
- Citation
- C30839
- Parties
- Appellant/applicant: J. B. (a young person); Respondent: Her Majesty the Queen
- Court
- Court of Appeal for Ontario
- Jurisdiction
- Canada
- Judgment Date
- 6 September 2000
- Procedural Posture
- Criminal / Appeal (conviction and Sentence)
- Outcome
- Conviction appeal dismissed; sentence varied to time served and probation imposed.
- Legal Topics
- Youth Sentencing, Evidence (voir Dire), Probation, Bail, Sentencing Variation, Credibility of Witnesses
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
J. B. (a young person)
Appellant/applicant
Her Majesty the Queen
Respondent
Procedural Posture
Criminal / Appeal (conviction and Sentence)
Legal Issues
- 1 Whether the appellant's statement should be excluded because he had spoken to a lawyer before giving it
- 2 Whether the appellant should be reincarcerated or have sentence varied to time served with probation considering time already served and conduct on bail
Ratio Decidendi
The conviction appeal is dismissed because the trial judge's finding that the appellant spoke to a lawyer before giving his statement was supported by multiple officers' evidence and the appellant did not testify at the voir dire; the sentence is varied to time served with a one‑year probation order because the appellant had served nearly a year including three months pre‑trial, had been on bail and was attending school, making reincarceration inappropriate.
Court Disposition
Conviction appeal dismissed; sentence varied to time served and probation imposed.
Orders
- Conviction appeal dismissed.
- Sentence varied to time served.
Full Case Text
Judgment text and source record
1 paragraphs
R. v. B., J. Collection Decisions of the Court of Appeal Date 2000-09-06 Docket numbers C30839 Judges Osborne, Coulter Arthur Anthony; Laskin, John Ivan; Charron, Louise Vivianne Subject Criminal Decision Content DATE: 20000906 DOCKET: C30839 COURT OF APPEAL FOR ONTARIO RE: HER MAJESTY THE QUEEN (Respondent) v. J. B. (a young person) (Appellant/Applicant) BEFORE: OSBORNE A.C.J.O., LASKIN and CHARRON JJ.A. COUNSEL: Edmund L. Schofield, for the appellant Howard Liebovich, for the respondent HEARD: August 30, 2000 On appeal from his conviction by the Honourable Mr. Justice Minoo F. Khoorshed on September 14, 1998. E N D O R S E M E N T [1] We did not call on the Crown on the conviction appeal. The trial judge’s finding that the appellant spoke to a lawyer before giving his statement was supported not just by the evidence of Officer Young but also by the evidence of two other police officers. Moreover, the appellant did not testify on the voir dire. As this was the only ground of appeal advanced against conviction, the conviction appeal is dismissed. [2] The circumstances of this offence and the appellant’s conduct and attitude afterward merited a severe sentence. However, the appellant has already served nearly a year in secure custody, including three months’ pre-trial detention. He has been out on bail for over a year and the fresh evidence shows that he is continuing to attend school and is doing well. In these circumstances we do not think that reincarcerating him would be appropriate. Instead, we vary the sentence to time served but in addition order the appellant to be on probation for one year. The terms of the probation order shall be paragraphs 4, 6, 7, 8, 9, 11, 12 and 13 of the bail order of Moldaver J.A. dated April 27, 2000. Paragraph 7 shall require the appellant to report forthwith on release to the Old City Hall, 60 Queen Street West, and afterwards as required. Signed: “C.A. Osborne A.C.J.O.” “John Laskin J.A.” “Louise Charron J.A.”