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The Court of Appeal affirmed a DNA databank order against a 17-year-old young offender, finding the record supported the order despite the trial judge’s lack of reasons.
The appeal was dismissed because the transfer judge's findings of fact were supported by evidence and the appellant failed to show the public could be adequately protected by the Young Offenders Act; the appellate court found no misapprehension or ignoring of material evidence.
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There was evidence to support the verdict and, notwithstanding inappropriate expression by the trial judge regarding reasonable doubt, the record shows he was satisfied beyond a reasonable doubt; therefore the conviction and sentence stand.
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The Court of Appeal varied a youth sentence after finding it exceeded the Young Offenders Act maximum by one month; the rest of the sentence was upheld as fit.
The custodial portion of the disposition was an error in principle because the trial judge relied on reasons (obtaining psychiatric assessment and improving school performance) that do not justify incarceration under the YOA; assessments and counselling can be ordered and supervised in the community, therefore the custodial sentence was set aside, restitution and probation upheld, and a probation condition added requiring mental health assessment and counselling as directed by the probation officer.
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The appeal was dismissed as moot because the underlying landlord and tenant dispute had been resolved, there was no continuing risk of publication of the young person's identity, and the discretionary exceptions to the mootness doctrine did not apply as the issue was not likely to recur between the same parties nor was the appellant's interest sufficient to justify the Court hearing a moot appeal.
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Sentencing reasons for a youth convicted of second degree murder, considering rehabilitation, deterrence, custody credit, and community supervision under the Young Offenders Act.
Judge-alone trial on an attempted murder charge ended in acquittal because the Crown failed to prove beyond a reasonable doubt that B.T.H. was one of the shooters.
British Columbia Court of Appeal varied a criminal sentence after the intended treatment program was unavailable, reducing custody from 18 to 12 months and probation from 3 to 2 years.
The British Columbia Court of Appeal considered whether six-month open-custody sentences for two first-time youth offenders were fit in a planned group assault.
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