R. v. M.S.W., (1991) 2 B.C.A.C. 166 (CA)

Judge:Taggart, Hutcheon and Taylor, JJ.A.
Court:Court of Appeal of British Columbia
Case Date:June 14, 1991
Jurisdiction:British Columbia
Citations:(1991), 2 B.C.A.C. 166 (CA)
 
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R. v. M.S.W. (1991), 2 B.C.A.C. 166 (CA);

    5 W.A.C. 166

MLB headnote and full text

Regina (respondent) v. M.S.W. (appellant)

(CA014157)

Indexed As: R. v. M.S.W.

British Columbia Court of Appeal

Taggart, Hutcheon and Taylor, JJ.A.

June 14, 1991.

Summary:

A youth convicted of five counts of break and enter and one count of breach of probation was sentenced to a total of four months' open custody. The young offender appealed the sentence.

The British Columbia Court of Appeal stated that the appropriate disposition was to adjourn the appeal in favour of an application to the Provincial Court judge for leave to review the sentences given a change in circumstances.

Criminal Law - Topic 8818

Young offenders - Punishments - Review of disposition - A 14 year old young offender was sentenced to a total of four months' open custody for five break and enters and breach of probation - The youth had served over one month in a young offenders camp and had been beaten twice - The British Columbia Court of Appeal stated that it could not find that the sentences were not fit, but did acknowledge changed circumstances (youth's mother would now be home for the summer) - The court adjourned the youth's sentence appeal in favour of an application to the Provincial Court judge for leave to review the sentences - The court directed that the matter be pursued expeditiously.

Statutes Noticed:

Young Offenders Act, R.S.C. 1985, c. Y-1, sect. 28 [para. 13].

Counsel:

D.J. O'Donnell, for the appellant;

   A. Budlovsky, for the Crown.

This appeal was heard before Taggart, Hutcheon and Taylor, JJ.A., of the British Columbia Court of Appeal.

On June 14, 1991, Taggart, J.A., delivered the following judgment orally for the Court of Appeal.

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