R. v. J.J.M., (1993) 152 N.R. 274 (SCC)

• Judge: Iacobucci and Major, JJ.
• Court: Supreme Court (Canada)
• Case Date: February 05, 1993
• Jurisdiction: Canada (Federal)
• Citations: (1993), 152 N.R. 274 (SCC);81 CCC (3d) 487;AZ-93111061;1993 CanLII 91 (SCC);[1993] CarswellMan 14;JE 93-1007;20 CR (4th) 295;[1993] 2 SCR 421;[1993] SCJ No 14 (QL);85 Man R (2d) 161;41 WAC 161;152 NR 274

R. v. J.J.M. (1993), 152 N.R. 274 (SCC)

MLB headnote and full text

[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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J.J.M. (appellant) v. Her Majesty The Queen (respondent)

(22790)

Indexed As: R. v. J.J.M.

Supreme Court of Canada

Lamer, C.J., La Forest,

L'Heureux-Dubé, Gonthier, Cory,

Iacobucci and Major, JJ.

February 5, 1993.

Summary:

The accused youth was convicted of three counts of break, enter and theft. He was sentenced to two years' open custody. He appealed sentence.

In a decision reported at 75 Man.R.(2d) 296; 6 W.A.C. 296, the Manitoba Court of Appeal, Helper, J.A., dissenting, dismissed the appeal. The youth appealed.

The Supreme Court of Canada dismissed the appeal.

Criminal Law - Topic 8806

Young offenders - Punishments - Sen­tencing considerations - The Supreme Court of Canada discussed the factors to be considered when sentencing a young offender - See paragraphs 8 to 35.

Criminal Law - Topic 8806

Young offenders - Punishments - Sen­tencing considerations - Proportionality - The Supreme Court of Canada stated that in the sentencing of adult offenders, the principle of proportionality will have a greater significance than it will in the disposition of young offenders - For the young, a proper disposition will take into account not only the seriousness of the crime, but also all other relevant factors - Assessment must be made of the special needs and requirements for guidance of the young offender - Intolerable conditions in the home indicate both a special need for care and the absence of guidance within the home - See paragraphs 22 to 26.

Criminal Law - Topic 8806

Young offenders - Punishments - Sen­tencing considerations - Deterrence - The Supreme Court of Canada stated that gen­eral deterrence was a factor to be con­sidered in sentencing a young offender - However, it should not, through undue emphasis, have the same importance in fashioning the disposition as it would in the case of an adult - See paragraphs 27 to 31.

Criminal Law - Topic 8815

Young offenders - Punishments - Open custody - A 15 year old youth was con­victed of three separate counts of break, enter and theft - Offences were committed with the assistance of others - Vandalism associated with the break-ins - The youth was 14, had a substantial record and was on probation when the offences occurred - Intolerable home situation - Appeared to thrive in the absence of family members and under controlled conditions - The trial judge imposed two years' open custody - The Supreme Court of Canada affirmed the sentence.

Criminal Law - Topic 8815

Young offenders - Punishments - Open custody - The Supreme Court of Canada stated that the Young Offenders Act empowers a judge, in those situations where it is decided that custody is required, to determine whether it should be open or closed - Open custody facilities restrict the liberty of the young offender, but are not simply jails - They are facili­ties dedicated to the long-term welfare and reformation of the young offender - See paragraphs 18 to 20.

Criminal Law - Topic 8818

Young offenders - Punishments - Review of disposition - The Supreme Court of Canada stated that a young offender's entitlement to a review of a disposition after one year was "an integral part of the disposition. It is, therefore, appropriate to take it into account as a factor, albeit not a major one, in assessing the appropriate­ness of a disposition" - See paragraphs 32 to 35.

Cases Noticed:

R. v. V.T., [1992] 1 S.C.R. 749; 134 N.R. 289; 7 B.C.A.C. 81; 7 W.A.C. 81, refd to. [para. 12].

D.B., Re (1986), 72 N.S.R.(2d) 354; 173 A.P.R. 354; 27 C.C.C.(3d) 468 (C.A.), refd to. [para. 19].

L.H.F., Re (1985), 57 Nfld. & P.E.I.R. 44; 170 A.P.R. 44; 24 C.C.C.(3d) 152 (P.E.I.S.C.F.D.), refd to. [para. 19].

R. v. R.I. et al. (1985), 12 O.A.C. 141; 17 C.C.C.(3d) 523 (C.A.), refd to. [para. 26].

R. v. G.K. (1986), 63 A.R. 379; 31 C.C.C.(3d) 81 (C.A.), refd to. [para. 27].

R. v. C.W.W. (1986), 68 A.R. 196; 25 C.C.C.(3d) 355 (C.A.), refd to. [para. 27].

R. v. R.C.S. (1986), 68 N.B.R.(2d) 361; 175 A.P.R. 361; 27 C.C.C.(3d) 239 (C.A.), refd to. [para. 27].

R. v. F.O. (1986), 16 O.A.C. 358; 27 C.C.C.(3d) 376 (C.A.), refd to. [para. 28].

R. v. S.L. (1990), 31 Q.A.C. 24; 75 C.R.(3d) 94 (C.A.), refd to. [para. 28].

Statutes Noticed:

Juvenile Delinquents Act, R.S.C. 1970, c. J-3, generally [para. 13].

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 3 [para. 8]; sect. 23(2)(f) [para. 14]; sect. 24(1) [para. 18]; sect. 24.1(1) [para. 19]; sect. 28(1), sect. 28(3) [para. 33].

Authors and Works Noticed:

Beaulieu, From "Challenges and Choices" to "A Climate for Change", in Young Offenders Act Dispositions: Challenges and Choices (1988), p. 4 [para. 16].

Cusson, Maurice, Why Delinquency (1983), pp. 138-139 [para. 30].

Ontario Social Development Council Con­ference Report, Young Offenders Act Dispositions: Challenges and Choices (1988) - see Beaulieu, From "Challenges and Choices" to "A Climate for Change".

Zimring, Franklin E., Kids, Groups and Crime (1981), 72 J. Crim.L. & Crimi­nology 867 [para. 30].

Counsel:

Michael O. Walker, for the appellant;

Don Slough, for the Crown.

Solicitors of Record:

Legal Aid Manitoba, Winnipeg, Manitoba, for the appellant;

Manitoba Justice, Winnipeg, Manitoba, for the respondent.

This appeal was heard on February 5, 1993, before Lamer, C.J., La Forest, L'Heur­eux-Dubé, Gonthier, Cory, Iacobucci and Major, JJ., of the Supreme Court of Canada. On February 5, 1993, the decision of the court was rendered orally by Cory, J., who released the following written reasons in both official languages on May 19, 1993.