R. v. Bevin

R. v. Bevin

Section 487.051(1)(b) must be considered at the time sentence is imposed or at the time a discharge is granted; failure to do so renders the sentencing court functus officio and, absent one of the Chandler exceptions, the court has no jurisdiction to grant a post-sentencing DNA order under s.487.051(1)(b).

Citation
2001 NSPC 27
Parties
Prosecution: Her Majesty the Queen; Defendant: Patrick John Bevin
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
16 October 2001
Procedural Posture
Criminal / Post Sentencing Application Under S.487.051(1)(b) for DNA Sampling
Outcome
Crown application dismissed for lack of jurisdiction
Legal Topics
Functus Officio, DNA Identification Act, Section 487.051(1)(b), Timing of DNA Orders, Sentencing Jurisdiction
Source Language
English
Criminal Law Procedural Law Statutory Interpretation Forensic DNA Law Privacy Law Functus Officio DNA Identification Act Section 487.051(1)(b) +2 more

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Parties

Her Majesty the Queen

Prosecution

Patrick John Bevin

Defendant

Procedural Posture

Criminal / Post Sentencing Application Under S.487.051(1)(b) for DNA Sampling

Legal Issues

  1. 1 Whether the sentencing court has jurisdiction to grant a DNA order under s.487.051(1)(b) after sentence has been imposed
  2. 2 Whether s.487.051(1)(b) must be considered at the time of conviction/sentencing or discharge
  3. 3 Whether the doctrine of functus officio bars the post-sentencing application and whether exceptions in Chandler apply

Ratio Decidendi

Section 487.051(1)(b) must be considered at the time sentence is imposed or at the time a discharge is granted; failure to do so renders the sentencing court functus officio and, absent one of the Chandler exceptions, the court has no jurisdiction to grant a post-sentencing DNA order under s.487.051(1)(b).

Court Disposition

Crown application dismissed for lack of jurisdiction

Orders

  • Application under s.487.051(1)(b) dismissed; no DNA order granted