Young person pled guilty to offences contrary to ss 268 and 270.01(b) CC. The issue was whether the Court had discretion to impose a concurrent sentence or whether it was bound by s 270.03 CC (which requires a consecutive sentence for other offences committed against a law enforcement officer arising out of the same event). Crown sought 3 months’ closed custody on the aggravated assault and 3-6 months consecutive on the assault causing bodily harm on the officer. Defence sought 3 months’ jail on each count, concurrent.
Held: Global 4 months’ closed custody and 40 days community supervision, plus 1-year probation.
While the Court could have imposed consecutive sentences, it was not required to. Having regard to YCJA s 140, the Court held, “[y]oung persons are to be dealt with differently than adults. Where this is a conflict between the provisions of the YCJA and the Criminal Code in the case at bar, I prefer the provisions of the statute that Parliament drafted specifically for young persons as opposed to adults, which is to say, I prefer the YCJA provisions dealing with sentencing over the Criminal Code sentencing provisions in this instant case.”
L. Burgis Der – Defence Counsel