R. v. C.H.O., (1987) 82 A.R. 302 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: April 29, 1987
• Citations: (1987), 82 A.R. 302 (ProvCt)

R. v. C.H.O. (1987), 82 A.R. 302 (ProvCt)

MLB headnote and full text

In the Matter of C.H.O., born September 28, 1971. A young person within the meaning of the Young Offenders Act

(C0430080662)

Indexed As: R. v. C.H.O.

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

April 29, 1987.

Summary:

A young offender was convicted of assault after he slashed the victim with a knife. The Alberta Provincial Court sentenced the accused to two months open custody (in addition to two months already served), 160 hours of community service and concurrent probation for 18 months.

Criminal Law - Topic 5861

Sentence - Assault - A fifteen year old youth was convicted of assault after he slashed the victim who required 139 stitches - The youth attacked the victim when the victim would not accept the youth's refusal to sell him alcohol or drugs - One previous offence - Youth under influence of alcohol and drugs at time of offence - Not good prospect for probation - Difficult background - The Alberta Provincial Court sentenced the youth to two months of open custody (in addition to the two months already served), 160 hours of community service and concurrent probation for 18 months.

Criminal Law - Topic 8801

Young offenders - Punishments - General - The Alberta Provincial Court discussed the differences in the sentencing of youths as opposed to adults.

Criminal Law - Topic 8806

Young offenders - Punishments - Sentencing - Considerations - The Alberta Provincial Court stated that "it is dangerous to try to use adult sentences as guidelines for Young Of fenders Act dispositions, since the principles of sentencing of adults are case law, whereas dispositions under the Young Offenders Act are governed by the principles of that Act, and there is, as time goes by, an enlarging independent body of case law applicable only to the Young Offenders Act" - See paragraph 3.

Criminal Law - Topic 8815

Young offenders - Punishments - Open custody - [See Criminal Law - Topic 5861 above].

Cases Noticed:

R. v. G.K. (1985), 63 A.R. 379; 39 Alta. L.R.(2d) 355, refd to. [para. 1].

R. v. C.W.W. (1986), 68 A.R. 196, refd to. [para. 1].

R. v. Johnas (1982), 32 C.R.(3d) 1; 2 C.C.C.(3d) 490, refd to. [para. 5].

R. v. Richard I. (1985), 17 C.C.C.(3d) 523, refd to. [para. 5].

Re K.G. (1987), 49 Alta. L.R.(2d) 297, refd to. [para. 11].

Re M. and the Queen (1985), 21 C.C.C.(3d) 117 (Man. Q.B.), refd to. [para. 17].

Re Ryan D. (1985), 59 A.R. 215; 18 C.C.C.(3d) 36, refd to. [para. 19].

R. v. Sangster (1973), 21 C.R.N.S. 339 (Q.C.A.), refd to. [para. 22].

R. v. Blacquiere (1975), 24 C.C.C.(2d) 168 (O.C.A.), refd to. [para. 22].

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82-83, c. 110, generally [para. 1 et seq.]; sect. 3(1)(f) [para. 20 et seq.]; sect. 20(2), sect. 24, sect. 26, sect. 28, sect. 29, sect. 30, sect. 31, sect. 32 [para. 23].

Counsel:

S. Cunningham and B. Limpert, for the Crown;

M. Tyndale, for the young person.

This case was heard before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following decision on April 29, 1987.