R. v. R.D., (1985) 59 A.R. 215 (ProvCt)

• Judge: Fitch, P.C.J.
• Court: Provincial Court of Alberta (Canada)
• Case Date: January 09, 1985
• Citations: (1985), 59 A.R. 215 (ProvCt)

R. v. R.D. (1985), 59 A.R. 215 (ProvCt)

MLB headnote and full text

R. v. R.D.

(No. Y22144)

Indexed As: R. v. R.D.

Alberta Provincial Court

Youth Division

Fitch, P.C.J.

January 9, 1985.

Summary:

A 14 year old boy was charged with theft contrary to s. 283(2) of the Criminal Code of Canada. The Alberta Provincial Court, Youth Division, found the boy guilty notwithstanding he had not left the store with the item he allegedly intended to shoplift. The court fined the boy $75.

Criminal Law - Topic 1645

Theft - Elements - Intention or mens rea - A 14 year old boy left the record department of a store with a cassette tape - The boy and his friends had no money - He did not leave the store because he knew the security staff was watching him - He was apprehended before leaving the store and subsequently charged with theft - The Alberta Provincial Court, Youth Division, in finding the boy guilty, held that as long as there was the intention to steal a theft could be committed without the thief first leaving the store - See paragraph 7.

Criminal Law - Topic 5854

Sentence - Theft - Criminal Code of Canada, R.S.C. 1970, c. C-34, s. 283 - A 14 year old boy shoplifted a cassette tape - Previous convictions for shoplifting and mischief - The Alberta Provincial Court, Youth Division, fined the boy $75, with six months to pay - See paragraphs 15 to 16.

Criminal Law - Topic 8801

Young offenders - Punishments - General - The Alberta Provincial Court, Youth Division, discussed the disposition the court could impose under the Young Offenders Act for a young person found guilty of shoplifting - The court concluded that a fine was ordinarily the appropriate disposition for shoplifting - See paragraphs 9 to 13.

Criminal Law - Topic 8810

Young offenders - Punishments - Fine option program - The Alberta Provincial Court, Youth Division, explained the fine option program that was available to young persons under the Young Offenders Act - The court stated that where a young person could not or did not want to pay a fine, it could be paid by doing community service work at a rate of $5 per hour - See paragraph 16.

Criminal Law - Topic 8811

Young offenders - Punishments - Fines - The Alberta Provincial Court, Youth Division, set out a suggested range of fines for young offenders convicted of shoplifting - The court suggested an absolute discharge to a $50 fine for 12 and 13 year old offenders, a $50 to $100 fine for 14 and 15 year old offenders, and a $100 to $300 fine for 16 and 17 year old offenders - See paragraph 14.

Cases Noticed:

R. v. Nesbitt (1972), 6 C.C.C.(2d) 293 (Ont. C.A.), not appld. [para. 6].

Statutes Noticed:

Criminal Code of Canada, R.S.C. 1970, c. C-34, sect. 283(2) [para. 7].

Young Offenders Act, S.C. 1980-81-82, c. 110, sect. 3(1)(c) [para. 10]; sect. 3(1)(f) [para. 11]; sect. 21 [para. 16].

Counsel:

S. Cunningham, for the Crown;

L.D. Hurd, for the young person.

This charge was heard before Fitch, P.C.J., of the Alberta Provincial Court, Youth Division, who delivered the following judgment on January 9, 1985.