R. v. P.B., (2015) 366 Nfld. & P.E.I.R. 280 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: May 07, 2015
• Jurisdiction: Newfoundland and Labrador
• Citations: (2015), 366 Nfld. & P.E.I.R. 280 (NLPC);2015 NLPC 1315

R. v. P.B. (2015), 366 Nfld. & P.E.I.R. 280 (NLPC);

    1144 A.P.R. 280

MLB headnote and full text

Temp. Cite: [2015] Nfld. & P.E.I.R. TBEd. MY.009

Her Majesty the Queen v. P.B.

(2015 NLPC 1315Y00073)

Indexed As: R. v. P.B.

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

May 8, 2015.

Summary:

Sixteen year old PB pled guilty to the offence of being unlawfully at large, contrary to s. 145(1)(b) of the Criminal Code. The Crown proceeded by way of summary conviction. Both counsel recommended that the court impose a period of nine months' probation.

The Newfoundland and Labrador Provincial Court placed PB on probation for nine months.

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 5921

Sentence - Being at large or failing to appear - On May 6, 2015, PB and another young person walked away from an open custody facility - They went to PB's mother's residence where they were subsequently arrested - PB pled guilty to the offence of being unlawfully at large, contrary to s. 145(1)(b) of the Criminal Code - The Crown proceeded by way of summary conviction - Both counsel recommended that the court impose a period of nine months' probation - PB was 16 years of age - He had an extensive youth court record consisting of 44 prior convictions, including three prior convictions for being unlawfully at large - PB suffered from Attention Deficit Hyperactivity Disorder and was attending counselling - He apologized for his actions and accepted responsibility for them - The Newfoundland and Labrador Provincial Court placed PB on probation for nine months - The court stated that "the Crown proceeded by way of summary conviction in this case and thus neither sections 39(1)(c) or (d) [of the Youth Criminal Justice Act] are applicable ... PB did not commit a 'violent offence' nor did his being unlawfully at large involve a failure to comply with 'non-custodial sentences.' Thus, there was no authority to impose a custodial sentence in this case. For this reason, a period of probation was imposed".

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punishments) - Probation - [See Criminal Law - Topic 5921 ].

Criminal Law - Topic 8816

Young offenders - Decisions (incl. punishments) - Custody - General - [See Criminal Law - Topic 5921 ].

Cases Noticed:

R. v. K.C., 2014 ONCJ 445, refd to. [para. 8].

R. v. K.O. (2012), 326 Nfld. & P.E.I.R. 55; 1012 A.P.R. 55 (N.L.C.A.), refd to. [para. 10].

R. v. C.W.P., 2006 CanLii 9691 (N.L. Prov. Ct.), refd to. [para. 14].

R. v. N.R. (2005), 248 Nfld. & P.E.I.R. 146; 741 A.P.R. 146; 2005 NLCA 43, refd to. [para. 14].

Counsel:

B. Duffy, for Her Majesty the Queen;

S. Jones, for P.B.

This matter was heard at Corner Brook, N.L., on May 7, 2015, before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following judgment on May 8, 2015.