W A R N I N G
The President of the panel hearing this appeal directs that the following should be attached to the file:
A non-publication and non-broadcast order in this proceeding under s. 486(3) of the Criminal Code, concerning the identity of and any evidence that would tend to identify the complainant(s), shall continue. Subsections 486(3) and 486(5) of the Criminal Code provide:
486.(3) Subject to subsection (4), the presiding judge or justice may make an order directing that the identity of a complainant or a witness and any information that could disclose the identity of the complainant or witness shall not be published in any document or broadcast in any way, when an accused is charged with
(a) any of the following offences:
(i) an offence under section 151, 152, 153, 153.1, 155, 159, 160, 170, 171, 172, 173, 210, 211, 212, 213, 271, 272, 273, 346 or 347,
(ii) an offence under section 144, 145, 149, 156, 245 or 246 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 4, 1983, or
(iii) an offence under section 146, 151, 153, 155, 157, 166 or 167 of the Criminal Code, chapter C-34 of the Revised Statutes of Canada, 1970, as it read immediately before January 1, 1988; or
(b) two or more offences being dealt with in the same proceeding, at least one of which is an offence referred to in any of subparagraphs (a)(i), (ii) and (iii).
(5) Every person who fails to comply with an order made under subsection (3) or (4.1) is guilty of an offence punishable on summary conviction. R.S., c. C-34, s. 442; 1974-75-76, c. 93, s. 44; 1980-81-82-83, c. 110, s. 74, c. 125, s. 25; R.S.C. 1985, c. 19 (3rd Supp.), s. 14; c. 23 (4th Supp.), s. 1; 1992, c. 21, s. 9; 1993, c. 45, s. 7; 1997, c. 16, s. 6; 1999, c. 25, s. 2; 2001, c. 32, s. 29; 2001, c. 41, s. 16, 34 and 133(13), (14); 2002, c. 13, s. 20.
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: 20041012
DOCKET: C38875
COURT OF APPEAL FOR ONTARIO
RE:
HER MAJESTY THE QUEEN (Respondent) -and- F.A. (a young person) (Appellant)
BEFORE:
LABROSSE, MacPHERSON and CRONK JJ.A.
COUNSEL:
Jennifer Budgell
for the appellant
Scott C. Hutchison
for the respondent
HEARD AND ENDORSED:
October 12, 2004
On appeal from the conviction imposed by Justice Bernd E. Zabel of the Ontario Court of Justice on September 6, 2002 and from the sentence imposed by Zabel J. on March 21, 2003.
A P P E A L B O O K E N D O R S E M E N T
[1] Section 486(3) order to continue and remain in effect.
[2] The prior consistent statements complained of were brief and not particularly revealing. They were not objected to and not raised as issues at trial. No prejudice flowed from this evidence.
[3] The reasons of the trial judge are clearly inadequate and amount to little more than conclusory statements. However, looking at the entire record, as we are required to do, it is not difficult to understand how the trial judge reached his verdict. The Crown had a strong case, particularly in view of the admission of guilt made by the accused to witnesses, whose evidence was accepted.
[4] We would dismiss the appeal. The sentence appeal has been abandoned.