Court of Appeal

                           NOVA SCOTIA COURT OF APPEAL

Citation: R. v. S.A.C., 2007 NSCA 55

Date: 20070508

Docket: CAC 270629

Registry: Halifax

Between:

S.A.C.

Appellant

v.

Her Majesty the Queen

Respondent

Restriction on publication:      pursuant to s. 110(1) of the Youth Criminal Justice Act

Judge:                   The Honourable Justice Nancy Bateman

Appeal Heard:      April 10, 2007

Subject:       s. 39(1)(c) of the Youth Criminal Justice Act, S.C. 2002, c. 1  (“YCJA”).

Summary:   Young person sentenced to secure custody pursuant to s. 39(1)(c) of YCJA. He had a significant record of prior offences and was being sentenced for 15 additional offences, primarily auto theft and break and enter into a dwelling house.  The judge was satisfied that there was a “a history that indicates a pattern of findings of guilt” within the meaning of s. 39(1)(c).   In so deciding, the judge considered the offences for which the young person was then being sentenced. 

Issues:         Can the offences for which the young person is being sentenced be included in determining whether there is “a history that indicates a pattern of findings of guilt”?  Young person alleged, as well, that the pre-sentence reports did not satisfy the requirements of s. 40(2)(d) of the YCJA.          

Result:        Appeal dismissed.The judge did not err in considering the current as well as prior offences.  The pre-sentence report conformed with the requirements of s. 40(2)(d).