R. v. B.M.

R. v. B.M.

Given proven breaches that involved leaving residence, possession of alcohol, and use of a beer bottle to inflict serious injury together with the young person's significant violent history and evidence that intense community supervision had failed, the court found the Conditional Supervision Order inadequate to protect the public and lawfully continued the suspension for the remainder of the disposition under s.26.6 of the Young Offenders Act.

Citation
2004 NSPC 53
Parties
Crown: Her Majesty the Queen; Accused: B. M.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
13 September 2004
Procedural Posture
Review of Suspension of Conditional Supervision Under the Young Offenders Act / Youth Court Review Hearing Under S.26.6
Outcome
Suspension of the Conditional Supervision Order continued for the remainder of the disposition until June 13, 2007.
Legal Topics
Suspension of Conditional Supervision, Breach of Conditions, Continuation of Custody, Declaration of Principles
Source Language
English
Youth Criminal Law Sentencing Conditional Supervision Public Safety Suspension of Conditional Supervision Breach of Conditions Continuation of Custody Declaration of Principles

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Parties

Her Majesty the Queen

Crown

B. M.

Accused

Procedural Posture

Review of Suspension of Conditional Supervision Under the Young Offenders Act / Youth Court Review Hearing Under S.26.6

Legal Issues

  1. 1 Whether the Provincial Director's suspension of conditional supervision should be continued or cancelled under s.26.6 of the Young Offenders Act
  2. 2 Whether the breaches and the young person's history justify continuation of the suspension for the remainder of the disposition
  3. 3 How to balance public protection against rehabilitation and the least possible interference with the young person's liberty

Ratio Decidendi

Given proven breaches that involved leaving residence, possession of alcohol, and use of a beer bottle to inflict serious injury together with the young person's significant violent history and evidence that intense community supervision had failed, the court found the Conditional Supervision Order inadequate to protect the public and lawfully continued the suspension for the remainder of the disposition under s.26.6 of the Young Offenders Act.

Court Disposition

Suspension of the Conditional Supervision Order continued for the remainder of the disposition until June 13, 2007.

Orders

  • The suspension of B.M.'s Conditional Supervision Order is continued for the remainder of the disposition, until June 13, 2007.