2 total
Entering a plea constitutes being 'at trial' under the YCJA, triggering the right to appointed counsel.
The young person applied for an order directing the appointment of counsel under s. 25(4) of the Youth Criminal Justice Act after being denied Legal Aid.
The Crown had determined that Extrajudicial Sanctions were not available.
The court considered whether the young person was 'at trial' within the meaning of the Act, which is a prerequisite for the appointment of counsel.
The court held that the arraignment and entering of a plea, including a guilty plea, constitutes the commencement of the trial process.
Consequently, upon entering a plea, the young person is considered to be 'at trial' and is entitled to a court order for the appointment of counsel.
Offender sentenced to five years' imprisonment for incest and sexual assault of his 18-year-old biological daughter.
The offender was convicted of incest and sexual assault against his 18-year-old biological daughter.
The offences occurred in the offender's home while the victim was residing there.
The court found significant aggravating factors, including breach of trust, unprotected intercourse, and profound psychological impact on the victim.
The offender showed no remorse and blamed the victim.
The court sentenced the offender to five years' imprisonment for incest and a concurrent three-year term for sexual assault, along with mandatory and discretionary ancillary orders.
