R. v. J.G.

R. v. J.G.

Sexual interference constitutes a violent offence for purposes of YCJA s.39(1)(a) so the s.29(2) presumption against custody does not apply; Crown did not meet primary ground under s.515(10)(a) but did meet secondary ground under s.515(10)(b) given the young person's extensive outstanding charges, prior breaches of undertakings including a recent house‑arrest violation and the inability of the responsible person to supervise, therefore detention was necessary for public protection and bail was denied.

Citation
2004 NSPC 6
Parties
Prosecutor: Her Majesty the Queen; Accused (young Person): J.G.
Court
Nova Scotia Provincial Court
Jurisdiction
Canada
Judgment Date
14 January 2004
Procedural Posture
Youth Criminal Show Cause (bail) Hearing / Show Cause / Bail Hearing on Two Informations
Outcome
Bail denied on the secondary ground under Criminal Code s.515(10)(b) in relation to both informations
Legal Topics
Youth Bail, Detention, Presumption Against Custody, Sexual Interference, Breach of Undertaking, Failure to Attend Court
Source Language
English
Criminal Law Youth Justice Bail and Detention Child Protection Charter Rights Youth Bail Detention Presumption Against Custody +3 more

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Parties

Her Majesty the Queen

Prosecutor

J.G.

Accused (young Person)

Procedural Posture

Youth Criminal Show Cause (bail) Hearing / Show Cause / Bail Hearing on Two Informations

Legal Issues

  1. 1 Does YCJA s.29(2) presumption against custody apply to a s.151 sexual interference charge?
  2. 2 Is the presumption rebuttable?
  3. 3 Has the Crown established primary ground under Criminal Code s.515(10)(a)?

Ratio Decidendi

Sexual interference constitutes a violent offence for purposes of YCJA s.39(1)(a) so the s.29(2) presumption against custody does not apply; Crown did not meet primary ground under s.515(10)(a) but did meet secondary ground under s.515(10)(b) given the young person's extensive outstanding charges, prior breaches of undertakings including a recent house‑arrest violation and the inability of the responsible person to supervise, therefore detention was necessary for public protection and bail was denied.

Court Disposition

Bail denied on the secondary ground under Criminal Code s.515(10)(b) in relation to both informations

Orders

  • Bail denied on the secondary ground under s.515(10)(b) of the Criminal Code in relation to both informations.