R. v. J.C., 2010 SKPC 113

• Judge: Gray, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: July 22, 2010
• Jurisdiction: Saskatchewan
• Citations: 2010 SKPC 113;(2010), 361 Sask.R. 98 (PC)

R. v. J.C. (2010), 361 Sask.R. 98 (PC)

MLB headnote and full text

Temp. Cite: [2010] Sask.R. TBEd. AU.044

Her Majesty the Queen v. C.(J.)

(Information No. 36878549; 2010 SKPC 113)

Indexed As: R. v. J.C.

Saskatchewan Provincial Court

Youth Justice Court

Gray, P.C.J.

July 22, 2010.

Summary:

The accused youth was convicted of aggravated assault by wounding and disfiguring Ledoux. At issue was the sentence to be imposed. The Crown also asked the court to designate the conviction as a serious violent offence.

The Saskatchewan Provincial Court designated the conviction as a serious violent offence pursuant to s. 42(9) of the Youth Criminal Justice Act. The court sentenced the accused to 18 months of probation with conditions. The court also made a DNA sample order and imposed a two year weapons prohibition order.

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 5938

Sentence - Aggravated assault - The accused, who was two months away from his 17th birthday, was at a friend's home where a number of adults were drinking - The accused and his friend unnecessarily involved themselves in an argument between two women - An assault committed by the accused escalated tensions and prompted the victim (Mr. Ledoux) to intervene - Ledoux followed the accused to a bedroom to reinforce the message that he should not interject himself into adult squabbles - Ledoux took a step into the bedroom toward the accused when he was struck without warning - The accused used a glass jar containing coins to hit Ledoux on the side of the head - The jar broke - Ledoux was seriously cut and lost an eye - The accused was convicted of aggravated assault by wounding and disfiguring Ledoux - No prior record - Remorseful - Assessed as a low risk to reoffend - Had complied with the conditions of his release for 17 months - Member of the Piapot First Nation, but had lived his entire life in Saskatoon - Supportive family - The Saskatchewan Provincial Court designated the conviction as a serious violent offence pursuant to s. 42(9) of the Youth Criminal Justice Act as the assault resulted in serious physical injury which had interfered in a very substantial way with the physical and psychological well-being of Ledoux - The court concluded that a non-custodial sentence would have meaningful consequences for the accused and would best promote his rehabilitation and reintegration to society - Accordingly, the court sentenced the accused to 18 months of probation with conditions - The court also made a DNA sample order and imposed a two year weapons prohibition order.

Criminal Law - Topic 8801.2

Young offenders - Decisions (incl. punishments) - "Serious violence offence" defined (incl. when designation made) - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 8806

Young offenders - Decisions (incl. punishments) - Sentencing considerations - [See Criminal Law - Topic 5938 ].

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punishments) - Probation - [See Criminal Law - Topic 5938 ].

Cases Noticed:

R. v. S.T. (2010), 349 Sask.R. 29; 2010 SKPC 12, refd to. [para. 5].

R. v. K.G.B. and S.R.B. (2005), 291 N.B.R.(2d) 327; 758 A.P.R. 327; 202 C.C.C.(3d) 521; 2005 NBCA 96, refd to. [para. 11].

R. v. C.D., [2005] 3 S.C.R. 668; 343 N.R. 1; 376 A.R. 258; 360 W.A.C. 258; 2005 SCC 78, refd to. [para. 12].

R. v. C.D.K. - see R. v. C.D.

R. v. R.C., [2005] 3 S.C.R. 99; 340 N.R. 53; 237 N.S.R.(2d) 204; 754 A.P.R. 204; 2005 SCC 61, refd to. [para. 27].

R. v. D.B. (2008), 374 N.R. 221; 237 O.A.C. 110; 56 C.R.(6th) 203; 2008 SCC 25, refd to. [para. 27].

R. v. B.W.P.; R. v. B.V.N., [2006] 1 S.C.R. 941; 350 N.R. 1; 227 B.C.A.C. 1; 374 W.A.C. 1; 205 Man.R.(2d) 282; 375 W.A.C. 282; 2006 SCC 27, refd to. [para. 28].

R. v. M.A.H. (2006), 285 Sask.R. 284; 378 W.A.C. 284;2006 SKCA 114, refd to. [para. 29].

R. v. S.L. (2003), 188 B.C.A.C. 88; 308 W.A.C. 88; 2003 BCCA 563, refd to. [para. 30].

R. v. K.L.M., [2004] B.C.J. No. 1396 (Prov. Ct.), refd to. [para. 32].

Statutes Noticed:

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 42(9) [para. 9].

Counsel:

Tom Macnab, for the Crown;

Darren Winegarden, for the defence.

This matter was heard at Saskatoon, Saskatchewan, before Gray, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on sentence on July 22, 2010.