R. v. J.B., (2015) 371 Nfld. & P.E.I.R. 283 (NLPC)

• Judge: Skanes, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: August 14, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 371 Nfld. & P.E.I.R. 283 (NLPC)

R. v. J.B. (2015), 371 Nfld. & P.E.I.R. 283 (NLPC);

    1156 A.P.R. 283

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. SE.018

Her Majesty the Queen v. J.B. (a young person)

(Docket: 0115Y00190)

Indexed As: R. v. J.B.

Newfoundland and Labrador Provincial Court

Skanes, P.C.J.

September 15, 2015.

Summary:

The 14 year old accused pleaded guilty to sexual interference, contrary to s. 151(a) of the Criminal Code. The complainant was his six year old cousin.

The Newfoundland and Labrador Provincial Court sentenced the accused to two years of probation.

Editor's Note: Certain names in the following case have been initialized or the case otherwise edited to prevent the disclosure of identities where required by law, publication ban, Maritime Law Book's editorial policy or otherwise.

Criminal Law - Topic 5950

Sentence - Sexual interference with young person - [See Criminal Law - Topic 8809 ].

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 8809 ].

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punishments) - Probation - The 14 year old accused pleaded guilty to sexual interference - He admitted to sexually touching his six year old cousin on five or six occasions over the past year - The incidents occurred during family dinners when the children played hide-and-seek - The Newfoundland and Labrador Provincial Court found that the accused admitted to the allegations immediately upon being confronted, took responsibility for what he had done, entered a guilty plea, expressed remorse, and asked for forgiveness - Given this, and considering that the seriousness of the offence was at the lower end of the spectrum, two years of probation was adequate to denounce the conduct and deter the accused from committing further offences - Probation would also provide for the accused's rehabilitation and reintegration through the imposition of counselling and other measures in accordance with s. 55 of the Youth Criminal Justice Act - The accused was also prohibited from contact with the complainant.

Criminal Law - Topic 8809.2

Young offenders - Punishments - Probation - Conditions - Nonassocation or no contact order - [See Criminal Law - Topic 8809 ].

Cases Noticed:

R. v. K.O. (2012), 326 Nfld. & P.E.I.R. 55; 1012 A.P.R. 55; 2012 NLCA 55, refd to. [para. 11].

Counsel:

Jessica R. Gallant, for Her Majesty the Queen;

Nicholas J.G. Avis, Q.C., for the youth.

This matter was heard at St. John's, N.L., on August 14, 2015, before Skanes, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following sentencing decision on September 15, 2015.