DATE: 20030716

DOCKET: C39955

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

[1] In 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.

[2] The 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.

[3] The 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.

[4] The appeal is allowed and the disposition is varied in accordance with these reasons.