R. v. G.L. and E.A.M., (1990) 104 A.R. 157 (ProvCt)

• Judge: Catonio, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: March 28, 1990
• Citations: (1990), 104 A.R. 157 (ProvCt)

R. v. G.L. (1990), 104 A.R. 157 (ProvCt)

MLB headnote and full text

R. v. G.L. and E.A.M.

(Nos. CO440231733A01, CO440231733B01, C0440231431A02, C0440231431B02)

Indexed As: R. v. G.L. and E.A.M.

Alberta Provincial Court

Youth Division

Catonio, P.C.J.

March 28, 1990.

Summary:

Two youths, aged 16 and 17, were jointly charged with manslaughter and extortion. The Crown applied under s. 16 of the Young Offenders Act to transfer the proceedings to adult court.

The Alberta Provincial Court, Youth Division, allowed the application.

Criminal Law - Topic 8790

Young offenders - Transfer out of youth court - Considerations - For good of child or community - 16 and 17 year old youths were charged with manslaughter and extortion - A 24 year old handicapped man was subjected to extreme physical and mental cruelty by a group of youths over a three or four day period - He was physically beaten for fun and suffered many indignities before he died from his cumulative injuries - The treatment of the man was repulsive - One youth had a record of minor offences; the other had no record - The Alberta Provincial Court, Youth Division, considered the factors enumerated in s. 16 of the Young Offenders Act and ordered that their trials be transferred to adult court.

Cases Noticed:

R. v. S.H.M. (1989), 100 N.R. 1; 100 A.R. 321; 50 C.C.C.(3d) 503 (S.C.C.), refd to. [para. 1].

R. v. S.H.M., [1987] 5 W.W.R. 136; 78 A.R. 309 (C.A.), refd to. [para. 5].

R. v. A.J.M. (1986), 73 A.R. 52; 29 C.C.C.(3d) 418 (Q.B.), refd to. [para. 26].

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82-83, c. 110, sect. 16.

Counsel:

Anne R. Switzer, for G.L.;

D.L. Palamarek, for E.A.M.;

D.L. Gibson, for the Crown.

This application was heard before Catonio, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on March 28, 1990: