Court of Appeal

CASE NO.                                                  VOLUME                                                          PAGE

Cite as: R. v. D.J.C., 1997 NSCA 140

C.(D.J.)                                                                                            HER MAJESTY THE QUEEN

                                                                         - and -

(Appellant)                                                                                                                  (Respondent)

C.A.C.  No.  136987                                Halifax, N.S.                                       Clarke, C.J.N.S.

                                                                                                                               (orally)

APPEAL HEARD:                                        June 3, 1997

JUDGMENT DELIVERED:              June 3, 1997

WRITTEN RELEASE OF ORAL:

SUBJECT:           YOUNG OFFENDERS ACT, R.S.C. 1985, c. Y-1, as amended, s. 20(4).

SUMMARY:         The appellant youth, seventeen years old, pled guilty to four offences contrary to the Criminal Code.  The judge imposed a total disposition of thirty-eight months consisting of open custodial dispositions of six, one and one months respectively to be followed by twenty-four months probation.  On appeal it was argued the Youth Court erred with respect to the principles of disposition concerning totality, rehabilitation and excess, among others.

ISSUE:                 Did the judge of the Youth Court err.

RESULT:  The Court of Appeal allowed the appeal to vary the disposition to comply with s. 20(4) of the Act.  The custodial dispositions of each of two breaks and enters was reduced by one month, thus imposing an overall disposition consisting of thirty-six months with twelve of those in open custody and twenty-four on probation.  The Court of Appeal found no errors were committed in the reasons given by the judge except in the totality of the disposition as outlined above.