R. v. J.A., (1983) 43 A.R. 368 (NWTTC)

• Judge: Bourassa, J.
• Court: Territorial Court of Northwest Territories (Canada)
• Case Date: March 29, 1983
• Jurisdiction: Northwest Territories
• Citations: (1983), 43 A.R. 368 (NWTTC)

R. v. J.A. (1983), 43 A.R. 368 (NWTTC)

MLB headnote and full text

R. v. J.A.

Indexed As: R. v. J.A.

Northwest Territories Territorial Court

Bourassa, J.

April 19, 1983.

Summary:

The accused was convicted on two charges of causing bodily harm to his six month old brother by multiple cigarette burns to the groin and buttock area. The accused was mildly to moderately retarded.

The Northwest Territories Territorial Court sentenced the accused to 18 months probation in addition to the 1.5 months imprisonment spent awaiting psychiatric examination and sentence. The court strongly disapproved of keeping the accused in prison for 1.5 months waiting for a psychiatric assessment.

Criminal Law - Topic 5833

Sentencing - Considerations - Deterrence - The Northwest Territories Territorial Court stressed the deterrent effect of sentencing for crimes in which the victims are children - See paragraphs 13 to 18, 26.

Criminal Law - Topic 5849.5

Sentencing - Considerations - Competency of accused - The Northwest Territories Territorial Court took into account the mental retardation of the accused as a mitigating factor on sentencing - See paragraphs 20 to 30.

Criminal Law - Topic 5883

Sentence - Causing bodily harm - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 245(2) - The young adult male accused on two occasions inflicted multiple burns to the groin and buttocks of his six month old brother - The accused was moderately retarded and functioned at a seven year old level - His family was very supportive - The Northwest Territories Territorial Court sentenced the accused to 18 months probation in addition to the 1.5 months imprisonment spent awaiting psychiatric assessment.

Cases Noticed:

R. v. MacArthur (1979), 32 N.S.R.(2d) 96; 54 A.P.R. 96, consd. [paras. 12, 22].

R. v. Ardmore, 5 C.C.C.(2d) 536, appld. [para. 15].

R. v. Willaert, [1953] O.R. 282, appld. [para. 17].

R. v. Lehrmann, [1968] 2 C.C.C. 168; 61 W.W.R.(N.S.) 625, consd. [para. 18].

R. v. Doyle et al., [1971] 1 W.W.R. 70, consd. [para. 18].

R. v. Sabean (1979), 35 N.S.R.(2d) 35; 62 A.P.R. 35, consd. [para. 22].

R. v. Harrison and Garrison, [1978] 1 W.W.R. 162, consd. [para. 27].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 245(2).

Counsel:

John Shipley, for the Crown;

Virginia Schuler, for the defence.

This case was heard on March 29, 1983, at Yellowknife, N.W.T., before BOURASSA, J., of the Northwest Territories Territorial Court, who delivered the following judgment on April 19, 1983: