R. v. A.J.M., (1986) 68 A.R. 94 (ProvCt)

Judge:Hansen, P.C.J.
Court:Provincial Court (Alberta)
Case Date:January 14, 1986
Jurisdiction:Alberta
Citations:(1986), 68 A.R. 94 (ProvCt)
 
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R. v. A.J.M. (1986), 68 A.R. 94 (ProvCt)

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R. v. A.J.M.

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

Alberta Provincial Court

Youth Division

Hansen, P.C.J.

January 14, 1986.

Summary:

A 15 year old boy and an 18 year old adult were charged with first degree murder. The Crown applied under s. 16 of the Young Offenders Act for an order transferring the proceeding involving the boy to adult court.

The Alberta Provincial Court, Youth Division, ordered that the proceedings be transferred to adult court.

Criminal Law - Topic 8790

Young offenders - Transfer out of youth court - Considerations - For good of child or community - Young Offenders Act, S.C. 1980-81-82, c. 110, s. 16 - A 15 year old boy was charged with first degree murder - The boy and an 18 year old adult allegedly forced a taxi driver to drive to a remote area, robbed, and then shot and killed him - The Alberta Provincial Court, Youth Division, held that "having regard to the seriousness of the offence, the circumstances surrounding the commission of the alleged offence, the inadequacy of the Young Offenders Act to meet the circumstances of this case and the fact that there is an adult co-accused" it was in the interest of society that the proceedings be transferred to adult court.

Criminal Law - Topic 8798

Young offenders - Transfer out of youth court - Evidence and proof - The Alberta Provincial Court, Youth Division, stated that the Crown, in a transfer hearing, is not required to prove the offence beyond a reasonable doubt; that is the purpose of a trial - The court stated that it should proceed on the assumption that the accused would be convicted and sentenced.

Cases Noticed:

R. v. G.S.K. (1985), 35 Man.R.(2d) 266, refd to. [para. 5].

R. v. Clements and de Grandpre (1983), 5 C.C.C.(3d) 308 (Ont. C.A.), refd to. [para. 7].

R. v. Williams (1983), 3 C.C.C.(3d) 319, refd to. [para. 8].

Statutes Noticed:

Young Offenders Act, S.C. 1980-81-82, c. 110, sect. 16.

Authors and Works Noticed:

Bala and Lilles, The Young Offenders Act Annotated, p. 151 [para. 15].

Counsel:

Marilyn White, for the Crown;

J.D. Brimacombe, for A.J.M.

This application was heard before Hansen, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on January 14, 1986.

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