R. v. P.B., (2014) 347 Nfld. & P.E.I.R. 153 (NLPC)

• Judge: Gorman, P.C.J.
• Court: Newfoundland and Labrador Provincial Court (Canada)
• Case Date: February 28, 2014
• Jurisdiction: Newfoundland and Labrador
• Citations: (2014), 347 Nfld. & P.E.I.R. 153 (NLPC)

R. v. P.B. (2014), 347 Nfld. & P.E.I.R. 153 (NLPC);

    1080 A.P.R. 153

MLB headnote and full text

Temp. Cite: [2014] Nfld. & P.E.I.R. TBEd. MR.007

Her Majesty the Queen v. P.B.

(2014 PCNL 1314Y00007)

Indexed As: R. v. P.B.

Newfoundland and Labrador Provincial Court

Gorman, P.C.J.

February 28, 2014.

Summary:

A youth (PB) pled guilty to having committed the offences of breach of undertaking (two counts); break and entry into a private residence (three counts); damage to property (nine counts); theft; and failure to comply with a non-custodial disposition, contrary to ss. 145(3), 334(b), 348(1)(d) and 430(4) of the Criminal Code and s. 137 of the Youth Criminal Justice Act. The Crown took the position that the court did not have the authority to impose a custodial sentence. The Crown submitted that a period of probation should be imposed.

The Newfoundland and Labrador Provincial Court imposed a period of probation in relation to each offence committed by PB.

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 5851

Sentence - Break and enter - [See Criminal Law - Topic 8817.9 ].

Criminal Law - Topic 5854

Sentence - Theft - [See Criminal Law - Topic 8817.9 ].

Criminal Law - Topic 5890

Sentence - Mischief (includes vandalism) - [See Criminal Law - Topic 8817.9 ].

Criminal Law - Topic 5892

Sentence - Breach of restraining order, recognizance or undertaking - [See Criminal Law - Topic 8817.9 ].

Criminal Law - Topic 8809

Young offenders - Decisions (incl. punishments) - Probation - [See Criminal Law - Topic 8817.9 ].

Criminal Law - Topic 8817.9

Young offenders - Decisions (incl. punishments) - Custody - Exceptional cases - A youth (PB) pled guilty to having committed the offences of breach of undertaking (two counts); break and entry into a private residence (three counts); damage to property (nine counts); theft; and failure to comply with a non-custodial disposition, contrary to ss. 145(3), 334(b), 348(1)(d) and 430(4) of the Criminal Code and s. 137 of the Youth Criminal Justice Act (YCJA) - The Crown took the position that the court did not have the authority to impose a custodial sentence - The Crown submitted that a period of probation should be imposed - The Newfoundland and Labrador Provincial Court stated that it could be argued that s. 39(1)(d) of the YCJA applied to PB's offences involving the break and entries into the private residences - Section 39(1)(d) allowed the court to impose a period of custody in exceptional cases where the young person had committed an indictable offence and "the aggravating circumstances of the offence are such that the imposition of a non-custodial sentence would be inconsistent with the purpose and principles set out in section 38" of the YCJA - However, based on the Crown's concession, the court refrained from determining if a custodial sentence was an option in this case and it imposed a period of probation in relation to each offence committed by PB.

Criminal Law - Topic 8828

Young offenders - Decisions (incl. punishments) - Failure to comply with youth sentence, surcharge or disposition - [See Criminal Law - Topic 8817.9 ].

Cases Noticed:

R. v. D.W. (2011), 305 Nfld. & P.E.I.R. 59; 948 A.P.R. 59; 2011 NLCA 21, refd to. [para. 9].

R. v. Beardy (A.J.) (2014), 303 Man.R.(2d) 1; 600 W.A.C. 1; 2014 MBCA 23, refd to. [para. 16].

R. v. S.N.J.S. (2013), 343 B.C.A.C. 273; 586 W.A.C. 273; 2013 BCCA 379, refd to. [para. 18].

R. v. R.H. (2013), 411 Sask.R. 155; 2013 SKPC 8, refd to. [para. 27].

R. v. S.T. (2009), 273 B.C.A.C. 90; 461 W.A.C. 90; 2009 BCCA 274, refd to. [para. 28].

R. v. B.H. (2013), 343 Nfld. & P.E.I.R. 246; 1066 A.P.R. 246 (N.L. Prov. Ct.), refd to. [para. 29].

R. v. R.B., [2014] Northwest Terr. Cases Uned. 5; 2014 NWTTC 5, refd to. [para. 32].

R. v. R.E.W. (2006), 207 O.A.C. 184; 205 C.C.C.(3d) 183 (C.A.), refd to. [para. 32].

Statutes Noticed:

Youth Criminal Justice Act, S.C. 2002, c. 1, sect. 39(1) [para. 24].

Counsel:

A. Sparkes, for Her Majesty the Queen;

J. Regan, for P.B.

This matter was heard on February 28, 2014, at Corner Brook, N.L., before Gorman, P.C.J., of the Newfoundland and Labrador Provincial Court, who delivered the following decision on the same date.