R. v. C.N.T., (2016) 373 N.S.R.(2d) 298 (CA)
| Judge | Beveridge, Saunders and Oland, JJ.A. |
| Court | Court of Appeal of Nova Scotia (Canada) |
| Case Date | March 15, 2016 |
| Jurisdiction | Nova Scotia |
| Citations | (2016), 373 N.S.R.(2d) 298 (CA);2016 NSCA 35 |
R. v. C.N.T. (2016), 373 N.S.R.(2d) 298 (CA);
1175 A.P.R. 298
MLB headnote and full text
Temp. Cite: [2016] N.S.R.(2d) TBEd. MY.001
B.M.S. (a young person formally indexed as C.N.T.) (appellant) v. Her Majesty the Queen (respondent)
(CAC 441649; 2016 NSCA 35)
Indexed As: R. v. C.N.T.
Nova Scotia Court of Appeal
Beveridge, Saunders and Oland, JJ.A.
May 3, 2016.
Summary:
The police stopped the 14 year old accused who was rifling through unlocked cars. On a smartphone seized from the accused, investigators found images of young female acquaintances of the accused, ranging in age from 14 to 16 years old, in sexually explicit poses. The accused pled guilty to charges of theft from vehicles and possession of child pornography.
The Nova Scotia Provincial Court, in a decision reported at (2015), 363 N.S.R.(2d) 139; 1143 A.P.R. 139, determined that the accused had committed a violent offence, and sentenced him to six months' deferred custody, followed by 12 months' probation. The court also made ancillary DNA and forfeiture orders. The accused appealed his sentence.
The Nova Scotia Court of Appeal allowed the appeal. The accused had already served his six month deferred custody order. The court sentenced him to a period of probation for a period of 18 months from the date of the original sentence, with the conditions as jointly recommended and found in the probation order made by the trial judge.
Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.
Criminal Law - Topic 5833
Sentencing - Considerations on imposing sentence - Deterrence - [See Criminal Law - Topic 8806 ].
Criminal Law - Topic 5874
Sentence - Manufacture, distribution or possession of obscene matter (incl. child pornography) - [See Criminal Law - Topic 8806 ].
Criminal Law - Topic 8806
Young offenders - Decisions (incl. punishments) - Sentencing considerations - The police stopped the 14 year old accused who was rifling through unlocked cars - On a smartphone seized from the accused, investigators found images of young female acquaintances of the accused, ranging in age from 14 to 16 years old, in sexually explicit poses - The accused pled guilty to charges of theft from vehicles and possession of child pornography - No prior criminal record - The trial judge determined that the accused had committed a violent offence, and sentenced him to six months' deferred custody, followed by 12 months' probation - The trial judge also made ancillary DNA and forfeiture orders - The accused appealed his sentence - The Nova Scotia Court of Appeal allowed the appeal - The trial judge used articles he found, without notice or a proper foundation, to decide a central issue, namely whether there was psychological harm that amounted to a "violent offence" - The trial judge also erred in law by including general deterrence as a sentencing principle under the Youth Criminal Justice Act - The judge's inappropriate use of independent social science research to determine a central issue, and his reliance on general deterrence as a relevant sentencing feature which mandated custody, constituted errors which materially affected the sentence he imposed - The accused had already served his six month deferred custody order - The court sentenced him to a period of probation for 18 months from the date of the original sentence, with the conditions as jointly recommended and found in the probation order made by the trial judge.
Criminal Law - Topic 8817.4
Young offenders - Decisions (incl. punishments) - Custody - Violent offences - [See Criminal Law - Topic 8806 ].
Criminal Law - Topic 8844
Young offenders - Evidence and proof - Admissibility (incl. duress) - General - [See Criminal Law - Topic 8806 ].
Counsel:
Stephen Robertson, for the accused;
Mark Scott, Q.C., for the respondent.
This appeal was heard on March 15, 2016, in Halifax, N.S., before Beveridge, Saunders and Oland, JJ.A., of the Nova Scotia Court of Appeal. The Court of Appeal delivered the following judgment on May 3, 2016.
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