R. v. G.P.G., (1979) 1 Man.R.(2d) 391 (CA)

• Judge: Matas, O'Sullivan and Huband, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: October 18, 1979
• Jurisdiction: Manitoba
• Citations: (1979), 1 Man.R.(2d) 391 (CA)

R. v. G.P.G. (1979), 1 Man.R.(2d) 391 (CA)

MLB headnote and full text

R. v. G.P.G.

Indexed As: R. v. G.P.G.

Manitoba Court of Appeal

Matas, O'Sullivan and Huband, JJ.A.

October 18, 1979.

Summary:

This headnote contains no summary.

Criminal Law - Topic 8705

Juveniles - Jurisdiction - Courts - After committal to provincial institution - New offences - What constitutes - S. 21(1) of the Juvenile Delinquents Act, R.S.C. 1970, c. J-3, provided that except for new offences, the Juvenile Delinquents Act was inapplicable to a child who has been committed to a children's aid society, a superintendent or an industrial school - A juvenile was charged with five criminal offences and one Liquor Control Act offence - He entered a delinquent plea to one criminal charge and the Liquor Control Act charge and was committed to an industrial school for one year - He denied the other charges and a trial date was set - The Provincial Court ruled that there was no jurisdiction to hear the remaining charges, because they were not "new offences" within the meaning of s. 21(1) - The Manitoba Court of Queen's Bench allowed the Crown's appeal - The Manitoba Court of Appeal allowed the juvenile's appeal and held that there was no jurisdiction over the remaining offences, because they were not "new offences".

Statutes Noticed:

Juvenile Delinquents Act, R.S.C. 1970, c. J-3, sect. 3(2) [para. 12]; sect. 21(1) [para. 1]; sect. 29(1) [para. 11].

Authors and Works Noticed:

Shorter Oxford Dictionary [para. 7].

Counsel:

D.N. Abra, for the informant/respondent;

S. Greenberg, for the applicant/appellant.

This case was heard on September 7, 1979, at Winnipeg, Manitoba, before MATAS, O'SULLIVAN and HUBAND, JJ.A., of the Manitoba Court of Appeal.

On October 18, 1979, HUBAND, J.A., delivered the following judgment for the Court of Appeal: