COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN – and – B. B. (a young person)
BEFORE:
LASKIN, MOLDAVER and CRONK JJ.A.
COUNSEL:
David M. Humphrey,
for the appellant
Christopher Webb,
for the respondent
HEARD & ENDORSED:
July 15, 2003
On appeal from the disposition imposed by Justice L. Theodore G. Collins of the Ontario Court of Justice dated February 10, 2003.
A P P E A L B O O K E N D O R S E M E N T
1In the light of the considerations listed in paragraph 62 of the appellant’s factum, including his father’s responsible and caring commitment to his son, we think that 6 months secure custody, on top of 2 months secure custody before disposition was demonstrably unfit and not in accord with the court judgment in Priest and similar cases dealing with young offenders.
2The appellant has now served seven months secure custody. In our view, the interests of justice would be served by reducing the custodial disposition to time served.
3The one‑year probation order shall stand but the terms shall be varied as follows:
(a) the curfew provision shall be changed to substitute for householder “his father or any other person designated by the provincial director.”
(b) adding a provision that on release the appellant shall attend school and/or seek employment.
4The appeal is allowed and the disposition is varied in accordance with these reasons.