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.

DATE: 20031208

DOCKET: C39859

COURT OF APPEAL FOR ONTARIO

RE:

HER MAJESTY THE QUEEN (Respondent) – and – B.W. (A YOUNG PERSON) (Appellant)

BEFORE:

GOUDGE, MacPHERSON AND CRONK JJ.A.

COUNSEL:

Peter M. Barr

for the appellant

Thomas P. Galligan

for the respondent

HEARD:

December 4, 2003

On appeal from the order of Justice Wayne D. Morrison of the Ontario Court of Justice dated February 24, 2003.

E N D O R S E M E N T

Released Orally December 4, 2003

[1] On the evidentiary record before him, Morrison J. came to the conclusion that he could not say that the objectives of affording protection to the public and rehabilitation of the young person can be reconciled if the appellant was tried in youth court. We agree with this conclusion.

[2] There is no doubt that the appellant has done well since his arrest. However, given the horrendous acts alleged against him and his unfortunate personal background, we simply cannot come to the conclusion that the appellant urges upon us concerning the factors necessary for a transfer of this case to youth court.

[3] Accordingly, the appeal must be dismissed.

“S.T. Goudge J.A.

_ “J.C. MacPherson J.A.”

“E.A. Cronk J.A.”