WARNING
THIS IS AN APPEAL UNDER THE
YOUNG OFFENDERS ACT
AND IS SUBJECT TO s. 38 OF THE 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– BERNARD R., a young person (Appellant)
BEFORE:
CATZMAN, DOHERTY and ARMSTRONG JJ.A.
COUNSEL:
Douglas Usher
for the appellant
Shawn Porter
for the respondent
HEARD AND ENDORSED:
March 10, 2004
On appeal from the conviction entered by Justice C.E. Purvis of the Ontario Court of Justice dated June 20, 2002 and from the sentence imposed by Justice Purvis on September 9, 2002.
A P P E A L B O O K E N D O R S E M E N T
1We would dismiss the appeal against conviction. The trial judge was not obliged to articulate a Vetrovec warning in his reasons, and we are not satisfied that, having regard to his reasons as a whole, he did not adequately caution himself with respect to the evidence given by Heron.
2Counsel for the Crown acknowledges that the sentence imposed on the appellant is illegal. In order to correct that illegality, we would grant leave to appeal against sentence and reduce the probation period from 2 years to one year.
3The sentence imposed on Count 3, the assault charge, is also an illegal sentence. We would vary the sentence on that count to one year, concurrent to the other sentences.