WARNING

THIS IS AN APPEAL UNDER THE YOUTH CRIMINAL JUSTICE ACT AND IS SUBJECT TO:

Section 110(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.

Section 110(2): Subsection (1) does not apply

(a) in a case where the information relates to a young person who has received an adult sentence;

(b) in a case where the information relates to a young person who has received a youth sentence for a violent offence and the youth justice court has ordered a lifting of the publication ban under subsection 75(2); and

(c) in a case where the publication of the information is made in the course of the administration of justice, if it is not the purpose of the publication to make the information known in the community.

Section 110(3): A young person referred to in subsection (1) may, after he or she attains the age of eighteen years, publish or cause to be published information that would identify him or her as having been dealt with under this Act or the Young Offenders Act, chapter Y-1 of the Revised Statutes of Canada, 1985, provided that he or she is not in custody pursuant to either Act at the time of the publication.

Section 111(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.

Section 138(1): Every person who contravenes subsection 110(1) (identity of offender not to be published), 111(1) (identity of victim or witness not to be published), 118(1) (no access to records unless authorized) or 128(3) (disposal of R.C.M.P. records) or section 129 (no subsequent disclosure) of this Act, or subsection 38(1) (identity not to be published), (1.12) (no subsequent disclosure), (1.14) (no subsequent disclosure by school) or (1.15) (information to be kept separate), 45(2) (destruction of records) or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

Date: 2018-02-05

Docket: C63547

Judges: Juriansz, Miller and Fairburn JJ.A.

Between

Her Majesty the Queen Respondent

and

P.K. Appellant

Counsel

Ian B. Kasper, for the appellant

Elena Middelkamp, for the respondent

Heard

February 2, 2018

Appeal Information

On appeal from the conviction entered on October 11, 2016 and the sentence imposed on November 4, 2016 by Justice Anton Zuraw of the Ontario Court of Justice.

Appeal Book Endorsement

[1] In light of the Crown's appropriate concession that the sentence imposed exceeded the maximum available under the YCJA, it is for this court to craft a fit sentence. It is unnecessary to deal with the other grounds raised.

[2] Recognizing the seriousness of the offences, and considering the fresh evidence, which the Crown concedes shows the appellant has made rehabilitative strides, we would vary the sentence to one of 24 months' custody and supervision broken down as follows: 16 months secure custody and 8 months community supervision, 494 days of custody shall be credited against this sentence. The custodial sentence to be followed by 12 months' probation on the following terms: report to a probation officer as directed, reside at an address approved by the probation officer, attend school or seek and maintain employment, and actively participate in counselling as directed by probation and sign releases to allow probation to monitor the counselling, and abide by any curfew imposed by the probation officer, and not purchase, possess or consume any drugs stated in the CDSA except with a medical prescription.

[3] Leave to appeal sentence is granted and the appeal is allowed and the sentence varied as set out above.