R. v. A.J.A., 2002 NSCA 54

• Judge: Roscoe, Freeman and Cromwell, JJ.A.
• Court: Court of Appeal of Nova Scotia (Canada)
• Case Date: April 16, 2002
• Jurisdiction: Nova Scotia
• Citations: 2002 NSCA 54;(2002), 203 N.S.R.(2d) 399 (CA)

R. v. A.J.A. (2002), 203 N.S.R.(2d) 399 (CA);

 635 A.P.R. 399

MLB headnote and full text

Temp. Cite: [2002] N.S.R.(2d) TBEd. MY.024

A.J.A. (appellant) v. Her Majesty the Queen (respondent)

(CAC 176014; 2002 NSCA 54)

Indexed As: R. v. A.J.A.

Nova Scotia Court of Appeal

Roscoe, Freeman and Cromwell, JJ.A.

April 16, 2002.

Summary:

A Youth Court Judge imposed a total period of three and a half months of con­secutive open custody for multiple offences. On the same date the judge imposed two concurrent nine month periods of probation to be served after the completion of the custodial period. The young offender ap­pealed. At issue was whether the Youth Court Judge erred in directing that the con­current nine month probation orders take ef­fect consecutively to the continuous period of open custody.

The Nova Scotia Court of Appeal dis­missed the appeal.

Criminal Law - Topic 5722

Punishments (sentence) - Probation - Juris­diction - Consecutive probation orders - A Youth Court Judge imposed a total period of three and a half months of consecutive open custody for multiple offences - On the same date the judge imposed two concurrent nine month periods of probation to be served after the completion of the custodial period - The young offender appealed - At issue was whether the Youth Court Judge erred in directing that the concurrent nine month probation orders take effect consecutively to the continuous period of open custody - The Nova Scotia Court of Appeal dismissed the appeal - The court held that s. 23(7)(b) of the Young Offenders Act provided the neces­sary statutory authority to impose con­current periods of probation consecutive to a period of continuous custody for multiple offences - The combined sentences were not contrary to the principles of the Young Offenders Act nor to public policy.

Criminal Law - Topic 5803

Sentencing - Consecutive sentences - [See Criminal Law - Topic 5722 ].

Criminal Law - Topic 8804.2

Young offenders - Decisions (incl. punish­ments) - Consecutive or concurrent sen­tences - [See Criminal Law - Topic 5722 ].

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punish­ments) - Probation - [See Criminal Law - Topic 5722 ].

Cases Noticed:

R. v. T.S.L. (1988), 87 N.S.R.(2d) 240; 222 A.P.R. 240 (C.A.), refd to. [para. 2].

R. v. Paul, [1982] 1 S.C.R. 621; 42 N.R. 1; 67 C.C.C.(2d) 97, refd to. [para. 2].

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 23(7)(b) [para. 5].

Counsel:

Chandra Gosine, for the appellant;

Kenneth W.F. Fiske, Q.C., for the respon­dent.

This appeal was heard on April 16, 2002, before Roscoe, Freeman and Cromwell, JJ.A., of the Nova Scotia Court of Appeal. The following judgment of the Court of Appeal was delivered orally by Freeman, J.A., on April 16, 2002, and was released on April 22, 2002.