WARNING
THIS APPEAL IS SUBJECT TO s. 38 OF THE
YOUNG OFFENDERS ACT WHICH PROVIDES:
38.(1) Subject to this section, no person shall publish by any means any report
(a) of an offence committed or alleged to have been committed by a young person, unless an order has been made under section 16 with respect thereto, or
(b) of a hearing, adjudication, disposition or appeal concerning a young person who committed or is alleged to have committed an offence
in which the name of the young person, a child or a young person who is a victim of the offence or a child or a young person who appeared as a witness in connection with the offence, or in which any information serving to identify such young person or child, is disclosed.
(2) Every one who contravenes subsection (1), …
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) – and – M. H. (a young person within the meaning of the YOUNG OFFENDERS ACT)
BEFORE:
CARTHY, MOLDAVER AND FELDMAN JJ.A.
COUNSEL:
Daniel A. Stein
for the appellant
Kimberley Crosbie
for the respondent
HEARD:
May 12, 2003
On appeal from the conviction by Justice D. R. Main of the Ontario Court of Justice dated May 1, 1995 and from the sentence imposed by Justice D. R. Main dated August 1, 1995.
A P P E A L B O O K E N D O R S E M E N T
2There was evidence to support the verdict and we therefore reject the argument directed to unreasonable verdict. The trial judge expressed himself inappropriately concerning reasonable doubt but, in the end, we are satisfied that he was merely responding to the form of argument put by counsel for the accused and that he was in fact satisfied beyond a reasonable doubt.
3The appeal is dismissed.