WARNING
THIS IS AN APPEAL UNDER THE
YOUTH CRIMINAL JUSTICE ACT
AND IS SUBJECT TO:
(1) Subject to this section, no person shall publish the name of a young person, or any other information related to a young person, if it would identify the young person as a young person dealt with under this Act.
(1) Subject to this section, no person shall publish the name of a child or young person, or any other information related to a child or a young person, if it would identify the child or young person as having been a victim of, or as having appeared as a witness in connection with, an offence committed or alleged to have been committed by a young person.
(1) Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or 46(1) (prohibition against disclosure) of the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985,
(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
CITATION: R. v. A.M., 2012 ONCA 359
DATE: 20120531
DOCKET: C53424
Before: Rosenberg, Armstrong and Blair JJ.A.
BETWEEN
Her Majesty The Queen
Respondent
and
A.M.
Appellant
Counsel:
Graham T. Clark, for the appellant
Alison Wheeler, for the respondent
Heard and endorsed: March 21, 2012
Written endorsement released: March 26, 2012
On appeal from the conviction entered on June 14, 2010 and the sentence imposed on July 28, 2010 by Justice Brian Muir Scully of the Ontario Court of Justice (Youth Court), sitting without a jury.
ADDENDUM
[1] We have been informed that the Crown does not intend to proceed on the new trial ordered by this court. We have also been informed that the appellant was only seeking a new trial on the charges of aggravated assault and assault with a weapon.
[2] Accordingly, the appeal from conviction on the charges of aggravated assault and assault with a weapon is allowed, those convictions are quashed, and a new trial ordered. The charges of aggravated assault and assault with a weapon will be stayed.
[3] The remaining conviction for weapons dangerous cannot support the serious violent offence designation under s. 42(9) of the Youth Criminal Justice Act. Accordingly, leave to appeal sentence is granted and the serious violent offence designation is quashed.
Signed: "M. Rosenberg J.A."
"Robert P. Armstrong J.A."
"R. A. Blair J.A."