R. v. K.F., (1990) 86 Nfld. & P.E.I.R. 238 (NFPC)

• Judge: Goulding, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: November 02, 1990
• Jurisdiction: Newfoundland and Labrador
• Citations: (1990), 86 Nfld. & P.E.I.R. 238 (NFPC)

R. v. K.F. (1990), 86 Nfld. & P.E.I.R. 238 (NFPC);

    268 A.P.R. 238

MLB headnote and full text

Her Majesty The Queen v. K.F.

Indexed As: R. v. K.F.

Newfoundland Provincial Court

Judicial Centre of Grand Falls

Goulding, P.C.J.

November 2, 1990.

Summary:

The accused was 22 years of age. The accused was charged with committing a sexual assault years before while he was under 18 years of age. Following his arrest, the accused was informed of his right to counsel. The accused waived the right and gave a statement. At the trial, the accused submitted that the statement was not admissible because the provisions in section 56(2) of the Young Offenders Act had not been complied with. The Crown claimed that as an adult, the accused was not entitled to the protection of provisions designed for minors.

The Newfoundland Provincial Court ruled that the accused was entitled to the protection of the Act and held that the statement was inadmissible.

Criminal Law - Topic 8708

Young offenders - Young person defined - The accused was 22 years of age - He was charged with an offence which occurred while he was under 18 years of age - After his arrest, the accused waived his right to counsel and gave a statement to the police - The accused later claimed that the statement was inadmissible because the provisions in s. 56(2) of the Young Offenders Act were not complied with - The Newfoundland Provincial Court held that the accused was entitled to the protection of the Young Offenders Act even though he was an adult.

Cases Noticed:

R. v. Johnson (1986), 39 Man.R.(2d) 5; 26 C.C.C.(3d) 471 (C.A.), not folld. [para. 11].

R. v. J.P. (1989), 53 C.C.C.(3d) 24 (Qué., C.A.), appld. [para. 12].

Statutes Noticed:

Criminal Code, R.S.C. 1970, c. C-34, sect. 246.1(1)(a) [para. 1].

Young Offenders Act, S.C. 1980-81-8283, c. 110, sect. 2 [paras. 1, 2]; sect. 3(2) [para. 10]; sect. 5(1) [para. 9]; sect. 56 [para. 1]; sect. 56(2) [para. 7].

Counsel:

Counsel not disclosed.

This matter was heard by Goulding, P.C.J., of the Newfoundland Provincial Court, Judicial Centre of Grand Falls, who delivered the following judgment orally on November 2, 1990.