September 20th, 2019
R v BM, 2019 Edmonton Youth Court – Police Mistakenly Publish Youth’s Name In Child Porn Charge, Charge Stayed As Result
Accused pleaded guilty to offences under ss 163.1(4) and 172.2(1)(a) CC. He was 17 on the offence date and at the time of arrest. Complainant worked for a modelling agency and Accused posed as a staff member of the agency via email in order to seek nude photos of the Complainant. After his arrest, the … Read More.
September 14th, 2018
Defence appeal from conviction on the basis that the trial judge erred in dismissing s. 11(b) application. Transitional case. Issue on appeal of whether the 18-month presumptive ceiling in Jordan applies to Youth Criminal Justice Act matters. Held: Appeal dismissed. Court of Appeal was divided three ways on disposition of the appeal. Wakeling, JA, dismissed … Read More.
August 28th, 2017
Young person convicted following trial of sexual assault. Gang rape. Accused held down and fondled the victim as she was sexually assaulted by two other individuals. Held: 12 months custody (8 months secure and months community supervision), followed by 12 months probation. Accused diagnosed with conduct disorder. As per Arcand, 2010 ABCA 363, intrinsic to … Read More.
June 8th, 2017
Aboriginal youth with fetal alcohol spectrum disorder pleaded guilty to robbery. Accused took a shotgun into a liquor store and took two bottles of alcohol. Sentencing judge imposed a sentence that was functionally the maximum allowed for under the YCJA. Held: Appeal allowed, sentence reduced to 15 months custody and supervision order. “Little can be … Read More.
May 19th, 2017
Crown appeal from acquittal in relation to a 15 year old youth charged with attacking a cab driver with a knife. Accused (covered in blood) ran to a nearby home, and asked the home owner for a phone, saying that he had been attacked. The homeowner did not believe him, and after some threatening behaviour, … Read More.
February 12th, 2016
17 year old pleaded guilty to second degree murder. Killing of a youth group home worker. Victim’s throat slit with a butcher knife. Accused was 22 at the time of sentencing, and was diagnosed as having an anti-social personality disorder. Held: Adult sentence imposed. “It is the Crown’s burden to show that [the young person] … Read More.
December 14th, 2015
Youth (15 at the time of the offence) pleaded guilty to aggravated assault. Altercation at a bus stop. Accused stabbed the victim (who had been the aggressor) in the neck, resulting in him being a quadriplegic. 3 prior assault relating convictions. Crown sought to have accused sentenced as an adult. Accused accepted for an IRCS … Read More.
Crown application for Mandamus. Youth Court judge refused to allow the Crown to show cause because of the manner the matter was brought before the court. One day before the accused was to be released from custody on other matters, the police requested a judge’s order to have the youth brought to court on new … Read More.