R. v. V.K., (1982) 14 Man.R.(2d) 349 (QB)

• Judge: Morse, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: January 27, 1982
• Jurisdiction: Manitoba
• Citations: (1982), 14 Man.R.(2d) 349 (QB)

R. v. V.K. (1982), 14 Man.R.(2d) 349 (QB)

MLB headnote and full text

R. v. V.K.

(Suit No. 2658/81)

Indexed As: R. v. V.K.

Manitoba Court of Queen's Bench

Morse, J.

January 27, 1982.

Summary:

A juvenile was charged with a delinquency of first degree murder. The Crown applied to have the juvenile transferred to adult court, but the application was dismissed. The Crown appealed.

The Manitoba Court of Queen's Bench dismissed the appeal.

Criminal Law - Topic 8789

Juveniles - Transfer out of juvenile court - Considerations - 14 year old male charged with delinquency of first degree murder, after shooting his father with a rifle - No previous involvement with the law - Not mature beyond his years - Juvenile court professional staff unanimously recommended a trial in juvenile court - The Manitoba Court of Queen's Bench dismissed an appeal from a decision refusing the Crown's application to transfer the juvenile to adult court because it was in the child's and community's best interests to have the trial in juvenile court.

Cases Noticed:

R. v. G.P.G., [1980] 1 W.W.R. 562; 1 Man.R.(2d) 391; 48 C.C.C.(2d) 380, consd. [para. 7].

R. v. S.P. (1979), 5 R.F.L. 118, dist. [para. 15].

R. v. R.M. (1981), 7 Man.R.(2d) 108 (Man. Q.B.), dist. [para. 15].

Statutes Noticed:

Juvenile Delinquents Act, R.S.C. 1970, c. J-3, sect. 9 [para. 1]; sect. 20 [para. 7]; sect. 21(1) [para. 7]; sect. 37(3) [para. 1].

Counsel:

L. Kee, for the applicant;

B. Hwozdulych, for the respondent.

This case was heard by MORSE, J., of the Manitoba Court of Queen's Bench, who on January 27, 1982, delivered the following decision.