R. v. Desjarlais (J.A.), (1994) 92 Man.R.(2d) 236 (CA)

• Judge: Huband, Philp and Twaddle, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: March 17, 1994
• Jurisdiction: Manitoba
• Citations: (1994), 92 Man.R.(2d) 236 (CA)

R. v. Desjarlais (J.A.) (1994), 92 Man.R.(2d) 236 (CA);

    61 W.A.C. 236

MLB headnote and full text

Her Majesty The Queen (respondent) v. Joseph Adelarde Desjarlais (accused/appellant)

(Suit No. A.R. 93-30-01506)

Indexed As: R. v. Desjarlais (J.A.)

Manitoba Court of Appeal

Huband, Philp and Twaddle, JJ.A.

March 17, 1994.

Summary:

The accused was convicted of two counts of sexual assault. He appealed the convic­tions.

The Manitoba Court of Appeal dismissed the appeal.

Criminal Law - Topic 8706

Young offenders - Jurisdiction - Courts - Age of juvenile - In 1993 the accused was convicted of two counts of sexual assault involving children - The crimes were committed between January 28, 1975 and June 8, 1978 - On appeal, the accused argued, for the first time, that January 28, 1975, was his 18th birthday and since the complainants' testimony respecting when the offences took place was somewhat uncertain, the events could have predated the accused's 18th birthday - Therefore, the Crown failed to establish beyond a reasonable doubt that it had the right to try the accused in adult court - The Manitoba Court of Appeal rejected the accused's argument, noting that since the jurisdic­tional issue was not raised at trial, no evidentiary burden fell upon the Crown to establish the accused's age when the offence occurred.

Cases Noticed:

R. v. P.A.K. (1992), 103 Nfld. & P.E.I.R. 343; 326 A.P.R. 343 (Nfld. T.D.), refd to. [para. 9].

Counsel:

H.S. Leonoff, for the appellant;

M.A. Mahon, for the respondent.

This appeal was heard on March 17, 1994, before Huband, Philp and Twaddle, JJ.A., of the Manitoba Court of Appeal. The decision of the court was pronounced on March 17, 1994, with written reasons given on March 23, 1994.