Citation: R. v. Wells Date: PESCTD 102 Docket: GSC Registry: Charlottetown

Size: px
Start display at page:

Download "Citation: R. v. Wells Date: 20001220 2000 PESCTD 102 Docket: GSC-17940 Registry: Charlottetown"

Transcription

1 Citation: R. v. Wells Date: PESCTD 102 Docket: GSC Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION BETWEEN: HER MAJESTY THE QUEEN AND: WOODROW DOYLE WELLS BEFORE: The Honourable Chief Justice K. R. MacDonald Gerald K. Quinn - Solicitor for the Crown Brendan Hubley - Solicitor for the accused Place and date of hearing - Summerside, Prince Edward Island October 19, 2000 and December 7, 2000 Place and date of judgment Charlottetown, - Prince Edward Island

2 December 20, 2000

3 Citation: R. v. Wells 2000 PESCTD 102 GSC BETWEEN: HER MAJESTY THE QUEEN AND: WOODROW DOYLE WELLS Prince Edward Island Supreme Court - Trial Division Before: MacDonald, C.J. Heard: October 19 and December 7, 2000 Judgment: December 20, 2000 [5 pages] Sentencing - s. 151 of the Criminal Code of Canada. STATUTE CONSIDERED: Criminal Code of Canada, R.S.C. 1985, ss. 718, 732.1(2). CASE CONSIDERED: R. v. S. (R.N.), 140 C.C.C. (3d) 553 (S.C.C.). Gerald K. Quinn - Solicitor for the Crown

4 Brendan Hubley - Solicitor for the accused

5 MacDonald C.J.: [1] The accused has pled guilty to sexually touching a person under the age of fourteen years with his penis and hands, contrary to s. 151 of the Criminal Code of Canada. [2] The offence took place between June 1, 1997 and December 8, The victim, a girl, was between the age of ten and twelve when the offences were committed. [3] The accused is fifty-seven years of age. After an unsuccessful marriage of twelve years and a common law relationship of eleven years, the accused in 1988 began a common law relationship with the victim s mother. The victim is a child of a previous relationship of her mother. The accused s relationship with the victim s mother ended when this offence became known. [4] The victim did not wish to be interviewed and initially would not admit the offences occurred. Consequently, the facts are those disclosed by the accused. No victim impact statement was filed. The accused admits to having sexually touched, fondled and on one occasion rubbed his penis against the victim s vagina and ejaculating and on other occasions asking the victim to fondle him. He stated six to eight of these incidents had occurred. There is no evidence of what effect the incidents had on the victim who is now living with her father in Ontario. [5] The accused s record consists of an impaired driving offence in 1986 which has no significance to this proceeding. A more recent offence was in December of 1999 when the accused breached an undertaking relating to the current charge to stay away from children under the age of eighteen years. What had occurred was the accused s ten year old son had called him on Christmas day in a suicidal state wanting to see him, and a meeting took place. The accused was fined $100 indicating the relatively minor nature of the incident. [6] The accused has a grade 8 education and is fully employed, earning $11 per hour. He has a mortgage of $24,000 on his home and additional debts of $7,000. [7] The probation report indicates that the accused, who pled guilty, has accepted full responsibility for his actions. There is an indication that the accused thought the victim wanted his attention. The accused stated he told the victim s mother not to allow her to spend time with him or something will

6 Page: 2 happen. [8] The accused was referred for an assessment as to his deviant sexual behaviour. He has been provisionally diagnosed as a regressed pedophile and a low risk for sexual and violent recidivism. However, it is the recommendation of the specialist who examined the accused that he undergo a course of treatment for adults who have deviant sexual behaviour. [9] The offence the accused is charged with carries a maximum sentence of ten years imprisonment. The Crown asks for six to eighteen months incarceration, while the accused asks for a conditional sentence. [10] On imposing sentence, the Court is guided by certain rules and principles set forth in the Criminal Code. [11] Section 718 of the Criminal Code reads: 718. The fundamental purpose of sentencing is to contribute, along with crime prevention initiatives, to respect for the law and the maintenance of a just, peaceful and safe society by imposing just sanctions that have one or more of the following objectives: (a) to denounce unlawful conduct; (b) to deter the offender and other persons from committing offences; (c) to separate offenders from society, where necessary; (d) to assist in rehabilitating offenders; (e) to provide reparations for harm done to victims or to the community; and (f) to promote a sense of responsibility in offenders, and acknowledgment of the harm done to victims and to the community. [12] Section states that the sentence must be proportionate to the gravity of the offence and the degree of responsibility of the offender. [13] Section sets forth other sentencing principles stating that a sentence should be increased or reduced to account for any relevant aggravating or mitigating circumstances relating to the offence or the offender, such as evidence that the offender abused his child. While the victim was not

7 Page: 3 the birth child of the accused, I would find that due to the lengthy relationship the accused had with the victim s mother, he stood in a loco parentis relationship with the victim. [14] A second principle set forth in s is that it is an aggravating circumstance if the accused abuses a position of trust or authority in his relationship with the victim. In this particular situation, the accused stood in a position of trust to the victim. The latter principle in this case may not be any different, or may overlap the previously mentioned principle. [15] Section 718.2(d) and (e) are also relevant: (d) (e) an offender should not be deprived of liberty, if less restrictive sanctions may be appropriate in the circumstances; and all available sanctions other than imprisonment that are reasonable in the circumstances should be considered for all offenders, with particular attention to the circumstances of aboriginal offenders. [16] There are mitigating circumstances in this case. The accused has only a minor criminal record. He has never been convicted of an offence of this nature. He has co-operated with the police. He has pled guilty. He is employed and is supporting a common law spouse who has a twelve year old daughter, which is troublesome. [17] However, there are aggravating factors to be considered. First, the accused was some forty-five years older than the victim. His assaults took place over an extended period of time on a victim who had the right to place a trust in him. [18] Counsel for the accused stated that his client would take treatment and counselling. He also stated that if he was not able to be employed, he would not be able to pay the mortgage on his house. [19] Because of the seriousness of the offence in relationship to a child of young years by a much older offender, I am unable to conclude that a conditional sentence would be appropriate in the circumstances of this case. [20] In the case of R. v. S. (R.N.), 140 C.C.C. (3d) 553 (S.C.C.), the Supreme Court of Canada restored a trial judge s sentence of nine months imprisonment

8 Page: 4 on a man who, between the ages of forty-six and fifty, sexually assaulted his step-granddaughter when she was between five and eight years of age. He had fondled the victim s vagina on a number of occasions and had given the victim money to touch his penis. The accused had no criminal record and was in poor health, which obviously was a factor to which weight was given. At p. 561, Lamer C.J.C. stated: [18] With respect, I do not think that a nine-month conditional sentence was a fit sentence, in light of the relevant sentencing considerations, including the gravity of the offences committed and the high moral blameworthiness of the respondent. The impugned acts occurred repeatedly over a period of approximately five years. The respondent abused the trust of a very young child, despite clear indications from the complainant that she did not like what he was doing. He remained unrepentant and continued to deny that the offences took place. The amount of denunciation provided by a nine-month conditional sentence was clearly insufficient in the circumstances to signify society s abhorrence for the acts the respondent committed, despite the fact that his liberty was restricted by the conditions imposed. It must be remembered that, even though the respondent experienced some marital difficulties, he still benefited from the support of his family, while the victim and her mother were ostracized by the rest of the family. [21] While the length of the time over which the offence was committed was longer in R. v. S.(R.N.), and the accused in that case was unrepentant, the case is an indication of the attitude of the Supreme Court to sexual offences committed against children and that the principles of denunciation is of prime consideration. CONCLUSION [22] Having reviewed the submissions made by counsel, the pre-sentence report, the assessment report from the sexual deviance specialist and the particular facts of this case, I impose a sentence of nine months incarceration. In addition, the accused will be placed on probation for a period of two years upon his release with the following conditions: 1. Comply with the general conditions listed in s (2) of the Criminal Code, namely: (a) (b) Keep the peace and be of good behaviour; appear before the Court when required to do so by the Court; and

9 Page: 5 (c) notify the Court or the probation officer in advance of any change of name or address, and promptly notify the Court or the probation officer of any change of employment or occupation. 2. In addition, the accused shall: (a) (b) Report to a probation officer within two working days after making this order and thereafter when required by the probation officer and in the manner directed by the probation officer; take sex offender treatment as directed by the probation officer;

10 Page: 6 (c) (d) (e) take mental health and/or anger management treatment and counselling as directed by the Probation Officer; take alcohol and drug treatment and counselling as directed by the Probation Officer; have no contact with any female under the age of sixteen years except in the presence of another person over twentyfive years of age. December 20, 2000 C.J.

HANDOUT 1: Purpose and Principles of Sentencing in Canada

HANDOUT 1: Purpose and Principles of Sentencing in Canada HANDOUT 1: Purpose and Principles of Sentencing in Canada Principles of Sentencing The Criminal Code of Canada outlines the principles and purpose of sentencing in s. 718. These principles are placed in

More information

SUPREME COURT OF NOVA SCOTIA Citation: R. v. DeWolfe, 2016 NSSC 14. against Trevor Edward Harold DeWolfe

SUPREME COURT OF NOVA SCOTIA Citation: R. v. DeWolfe, 2016 NSSC 14. against Trevor Edward Harold DeWolfe SUPREME COURT OF NOVA SCOTIA Citation: R. v. DeWolfe, 2016 NSSC 14 Date: 2016-01-12 Docket: Pictou, No. 441229 Registry: Pictou Between: Her Majesty the Queen against Trevor Edward Harold DeWolfe Judge:

More information

Community Legal Information Association of PEI. Prince Edward Island, Inc.

Community Legal Information Association of PEI. Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Sentencing This pamphlet gives you some information about sentencing in criminal court. If you are charged with a criminal offence,

More information

Community Legal Information Association of PEI, Inc. Sexual Assault

Community Legal Information Association of PEI, Inc. Sexual Assault Community Legal Information Association of PEI, Inc. Sexual Assault As an adult in Canada, you have the right to choose when or if you engage in sexual activity. Sexual activity without your consent is

More information

Glossary. To seize a person under authority of the law. Police officers can make arrests

Glossary. To seize a person under authority of the law. Police officers can make arrests Criminal Law Glossary Arrest Charge Convicted Court Crime/Offence Crown Attorney or Prosecutor Criminal Custody Guilty Illegal Innocent Lawyer To seize a person under authority of the law. Police officers

More information

Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE

Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Sexual Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 7 Rape and assault offences 9 Rape 9 Sexual Offences Act 2003 (section 1) Assault by penetration 13 Sexual

More information

Victims of Crime. information leaflet. Working together for a safer Scotland

Victims of Crime. information leaflet. Working together for a safer Scotland Working together for a safer Scotland If you have been a victim of crime this leaflet is to help let you know about how to find support and help and to tell you about the criminal justice system. Support

More information

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles

You be the Judge. Sentencing Law in Tasmania. General Sentencing Principles You be the Judge Sentencing Law in Tasmania Sentencing Law & Purposes SENTENCING LAW - SOURCES Sentencing Act 1997 (TAS) Youth Justice Act 1997 (TAS) Crimes Act 1914 (Cwth) Common law (case law; previous

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to December 6, 2013. It is intended for information and reference purposes only. This

More information

Sentencing for Impaired Driving

Sentencing for Impaired Driving Sentencing for Impaired Driving 1. Sentencing on Impaired Driving Causing Death or Bodily Harm Introduction The principles governing Canadian sentencing law are convoluted. It is often difficult to understand

More information

THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND. Department of Justice Canada. Ministère de la Justice Canada

THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND. Department of Justice Canada. Ministère de la Justice Canada S E R V I N G C A N A D I A N S THE YOUTH CRIMINAL JUSTICE ACT: SUMMARY AND BACKGROUND Department of Justice Canada Ministère de la Justice Canada Permission to reproduce Information contained in this

More information

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room

Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Building Confidence and Capacity for Court Court Reports, Letters of Support and Supporting Your Client in the Court Room Legal Aid NSW, July 2012 Presented by Andrew Bide and Clare Magni, Solicitors,

More information

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE

Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline DEFINITIVE GUIDELINE Burglary Offences Definitive Guideline 1 Contents Applicability of guideline 2 Aggravated burglary (Theft Act 1968, section 10) 3 Domestic burglary

More information

2 Be it enacted by the People of the State of Illinois, 4 Section 1. Short title. This Act may be cited as the

2 Be it enacted by the People of the State of Illinois, 4 Section 1. Short title. This Act may be cited as the SB138 Engrossed LRB9203748RCcd 1 AN ACT concerning drug treatment. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 1. Short title. This Act may

More information

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU

DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DELAYS IN THE CRIMINAL JUSTICE SYSTEM OF VANUATU DON PATERSON INTRODUCTION Delays in the hearing of cases, both civil and criminal, in the Supreme Court of Vanuatu are becoming a matter of some concern

More information

Montana Legislative Services Division Legal Services Office. Memorandum

Montana Legislative Services Division Legal Services Office. Memorandum Montana Legislative Services Division Legal Services Office PO BOX 201706 Helena, MT 59620-1706 (406) 444-3064 FAX (406) 444-3036 Memorandum To: Law and Justice Interim Committee From: Julianne Burkhardt

More information

Assault Definitive Guideline DEFINITIVE GUIDELINE

Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline DEFINITIVE GUIDELINE Assault Definitive Guideline 1 Contents Applicability of guideline 2 Causing grievous bodily harm with intent to do grievous bodily harm/wounding with

More information

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN. against. JAMES CALVIN McFADDEN

PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN. against. JAMES CALVIN McFADDEN Citation: R. v. McFadden Date: 200300903 2003 PESCTD 67 Docket: S1-GC-275 Registry: Charlottetown PROVINCE OF PRINCE EDWARD ISLAND IN THE SUPREME COURT - TRIAL DIVISION HER MAJESTY THE QUEEN against JAMES

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

Where can I get help after a sexual assault?

Where can I get help after a sexual assault? Sexual Assault What is assault? Assault is when someone uses force to hurt you. Slapping, kicking and pushing can be assault. Sometimes touching can be an assault. Threatening or trying to hurt someone

More information

CHARGED with a CRIME What YOU

CHARGED with a CRIME What YOU YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Visit the Alberta Justice website at: www.justice.alberta.ca This booklet is intended to provide general information only. If you require specific

More information

Court Record Access Policy

Court Record Access Policy SUPREME COURT OF BRITISH COLUMBIA Court Record Access Policy The Supreme Court of British Columbia 800 Smithe Street Vancouver, BC V6Z 2E1 www.courts.gov.bc.ca Page 1 of 39 TABLE OF CONTENTS PART I: GENERAL

More information

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015

IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015 IN THE COURT OF CRIMINAL APPEALS OF TENNESSEE AT JACKSON Assigned on Briefs November 3, 2015 STATE OF TENNESSEE v. PATRICK WILSON Appeal from the Criminal Court for Shelby County No. 1403832 J. Robert

More information

PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT. Haleem Mohamed*

PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT. Haleem Mohamed* PARTICIPANTS PAPERS THE MALDIVES CRIMINAL JUSTICE SYSTEM AN ALTERNATIVE METHOD FOR PUNISHMENT Haleem Mohamed* I. INTRODUCTION The Maldives legal system is based on the principles of shariah and other legislation,

More information

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice

YOU VE been CHARGED. with a CRIME What YOU. NEED to KNOW. Justice YOU VE been CHARGED with a CRIME What YOU NEED to KNOW Justice 1 This booklet is intended to provide general information only. If you require specific legal advice, please consult the appropriate legislation

More information

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES

ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES ERRANT CONDUCT AND POOR PERFORMANCE BY EXTERNAL ADVOCATES CPS GUIDANCE TO CHAIRS OF JOINT ADVOCATE SELECTION COMMITTEES 1. BACKGROUND 1.1. The CPS is publicly accountable for the selection and performance

More information

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ

7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7. MY RIGHTS IN DEALING WITH CRIMINAL LAW AND THE GARDAÍ 7.1 Victim of a crime What are my rights if I have been the victim of a crime? As a victim of crime, you have the right to report that crime to

More information

IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT

IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT IMPAIRED DRIVING CASES: NOTICE TO SEEK GREATER PUNISHMENT Mankind censure injustice fearing that they may be the victims of it, and not because they shrink from committing it. Introduction - Plato (427

More information

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW.

CAYMAN ISLANDS. Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW. CAYMAN ISLANDS Supplement No. 9 published with Extraordinary Gazette No. 53 of 17th July, 2015. DRUG REHABILITATION COURT LAW (2015 Revision) Law 26 of 2006 consolidated with 19 of 2012. Revised under

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

Indecent photographs of children

Indecent photographs of children Sexual Offences Guideline Consultation 251 Possession of indecent photograph of child Criminal Justice Act 1988 (section 160) Triable either way Maximum: 5 years custody Offence range: Community order

More information

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts.

PLEASE NOTE. For more information concerning the history of this Act, please see the Table of Public Acts. PLEASE NOTE This document, prepared by the Legislative Counsel Office, is an office consolidation of this Act, current to May 30, 2012. It is intended for information and reference purposes only. This

More information

The concept of the Drug Treatment Court

The concept of the Drug Treatment Court The concept of the Drug Treatment Court Introduction It was due to the high incidence of crime in Jamaica committed by persons while under the influence of Drugs that the Jamaican Parliament in 1999 created

More information

Victims of violent crime

Victims of violent crime Victims of violent crime What can I do if I am the victim of violent crime? Report the crime to the Police. If it is an emergency, call 000. Otherwise, you can either go to the nearest police station or

More information

5 Introduction The booklet aims to answer common questions victims have about parole and how the Parole Board works. It should help you understand how the Parole Board makes its decisions, what a Victim

More information

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca

Traffic. Court. What you need. to know when you ve been charged with a provincial offence. website at: www.albertacourts.ab.ca Traffic Court What you need? to know when you ve been charged with a provincial offence website at: www.albertacourts.ab.ca Table of Contents 1. You Have Been Charged With an Offence. Now What? ----------------1

More information

OFFICE OF THE DISTRICT ATTORNEY

OFFICE OF THE DISTRICT ATTORNEY OFFICE OF THE DISTRICT ATTORNEY TWENTIETH JUDICIAL DISTRICT Stanley L. Garnett, District Attorney Boulder Office: Justice Center, 1777 6th St., Boulder, Colorado 80302 303.441.3700 fax: 303.441.4703 Longmont

More information

Ontario Justice Education Network Restorative Justice in the Criminal Context

Ontario Justice Education Network Restorative Justice in the Criminal Context Ontario Justice Education Network Restorative Justice in the Criminal Context WHAT IS RESTORATIVE JUSTICE? Restorative justice is based on the principle that criminal behaviour harms not only the victim(s)

More information

The Region of Waterloo Drug Treatment Court

The Region of Waterloo Drug Treatment Court The Region of Waterloo Drug Treatment Court Adult PROGRAM Waiver for Stream B Participants I understand that I am charged with the following criminal offence(s) of: [LIST BELOW] The normal course of a

More information

John Howard Society. Criminal Justice Education

John Howard Society. Criminal Justice Education Youth Criminal Justice Act HANDBOOK John Howard Society Criminal Justice Education Youth Criminal Justice Act Handbook Introduction... 4 To whom does the Act apply?... 4 To whom does the Act not apply?...

More information

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following:

AN ACT. The goals of the alcohol and drug treatment divisions created under this Chapter include the following: ENROLLED Regular Session, 1997 HOUSE BILL NO. 2412 BY REPRESENTATIVE JACK SMITH AN ACT To enact Chapter 33 of Title 13 of the Louisiana Revised Statutes of 1950, comprised of R.S. 13:5301 through 5304,

More information

Adam Walsh Child Protection and Safety Act. Or SORNA Sex Offender Registration and Notification Act By Chris Phillis Maricopa Public Defender

Adam Walsh Child Protection and Safety Act. Or SORNA Sex Offender Registration and Notification Act By Chris Phillis Maricopa Public Defender Adam Walsh Child Protection and Safety Act Or SORNA Sex Offender Registration and Notification Act By Chris Phillis Maricopa Public Defender Signed into law by George W. Bush on July 27, 2006 Creates a

More information

Community Legal Information Association of Prince Edward Island, Inc.

Community Legal Information Association of Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Going to Court: Criminal Trial Procedure If you've been charged with a crime and your case has not been diverted from the courts system,

More information

Guide to Criminal procedure

Guide to Criminal procedure Guide to Criminal procedure This free guide gives a general idea to members of the public as to what you may expect to encounter if you or someone you know is charged with a criminal offence. The overriding

More information

SUPREME COURT OF CANADA. CITATION: R. v. Manning, 2013 SCC 1 DATE: 20130117 DOCKET: 34358

SUPREME COURT OF CANADA. CITATION: R. v. Manning, 2013 SCC 1 DATE: 20130117 DOCKET: 34358 SUPREME COURT OF CANADA CITATION: R. v. Manning, 2013 SCC 1 DATE: 20130117 DOCKET: 34358 BETWEEN: Her Majesty The Queen Appellant and Alphide Manning Respondent - and - Director of Public Prosecutions

More information

SUPREME COURT OF WISCONSIN

SUPREME COURT OF WISCONSIN SUPREME COURT OF WISCONSIN 2015 WI 38 CASE NO.: COMPLETE TITLE: 2014AP2906-D In the Matter of Disciplinary Proceedings Against Jon Evenson, Attorney at Law: Office of Lawyer Regulation, Complainant, v.

More information

A. APPLICABILITY OF GUIDELINE

A. APPLICABILITY OF GUIDELINE 1 Reduction in Sentence for a Guilty Plea Draft Guideline A. APPLICABILITY OF GUIDELINE The Sentencing Council issues this guideline as a draft guideline in accordance with section 120 of the Coroners

More information

RISK ASSESSMENTS (ODARA) IN SPOUSAL / PARTNER VIOLENCE CASES FIRST ISSUED: DECEMBER 11, 2006 LAST SUBSTANTIVE REVISION: MARCH 19, 2009

RISK ASSESSMENTS (ODARA) IN SPOUSAL / PARTNER VIOLENCE CASES FIRST ISSUED: DECEMBER 11, 2006 LAST SUBSTANTIVE REVISION: MARCH 19, 2009 DOCUMENT TITLE: RISK ASSESSMENTS (ODARA) IN SPOUSAL / PARTNER VIOLENCE CASES NATURE OF DOCUMENT: PRACTICE NOTE FIRST ISSUED: DECEMBER 11, 2006 LAST SUBSTANTIVE REVISION: MARCH 19, 2009 EDITED / DISTRIBUTED

More information

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue

GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue GUIDANCE Implementing Section 176 of the Anti-social Behaviour, Crime and Policing Act 2014: Lowvalue shoplifting Guidance for police in England and Wales First publication: June 2014 1 Introduction 1.

More information

1. Who is eligible for State compensation?

1. Who is eligible for State compensation? 1. Who is eligible for State compensation? As a main rule, the conditions for being eligible for compensation are: (1) that you have suffered harm as a consequence of a violation of the Criminal Code or

More information

Cabell County Drug Court

Cabell County Drug Court Program Handbook Cabell County Drug Court SCA Treatment Court Form 200 SR DCT Page 1 of 9 What is Drug Court? West Virginia s Cabell County Drug Court is a collaborative effort of legal, mental health,

More information

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE

Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Dangerous Dog Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 Owner or person in charge of a dog dangerously out of control in a public place, injuring any person

More information

Explanatory Notes to Criminal Justice And Court Services Act

Explanatory Notes to Criminal Justice And Court Services Act Explanatory Notes to Criminal Justice And Court Services Act 2000 Chapter 43 Crown Copyright 2000 Explanatory Notes to Acts of the UK Parliament are subject to Crown Copyright protection. They may be reproduced

More information

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member

DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO. PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member DISCIPLINE COMMITTEE OF THE COLLEGE OF NURSES OF ONTARIO PANEL: April Plumton, RPN Chairperson Joseph Gajasan, RN Member John Bald Public Member BETWEEN: COLLEGE OF NURSES OF ONTARIO ) MATTHEW SAMMON for

More information

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL

INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL INFORMATION ABOUT APPEALS TO THE NSW COURT OF CRIMINAL APPEAL RIGHT TO APPEAL A person who has been convicted or found guilty of a crime may lodge an appeal to the Court of Criminal Appeal (CCA) against

More information

Understanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick

Understanding Consent to Sexual Activity. Public Legal Education and Information Service of New Brunswick Understanding Consent to Sexual Activity Public Legal Education and Information Service of New Brunswick NO means NO Understanding Consent to Sexual Activity This pamphlet provides information on what

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act.

CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act. CORRECTIONS (730 ILCS 166/) Drug Court Treatment Act. (730 ILCS 166/1) Sec. 1. Short title. This Act may be cited as the Drug Court Treatment Act. (730 ILCS 166/5) Sec. 5. Purposes. The General Assembly

More information

As part of their course on law and/or sociology in this module, participants will be able to:

As part of their course on law and/or sociology in this module, participants will be able to: Correctional Service Service correctionnel Service correctionnel Correctional Service Law Correctional Service : At the Heart of Criminal Justice Description The Correctional Service of : At the Heart

More information

Going to Court: A Roadmap for People Representing Themselves in Criminal Court

Going to Court: A Roadmap for People Representing Themselves in Criminal Court Going to Court: A Roadmap for People Representing Themselves in Criminal Court This roadmap to criminal law is divided into four different sections. The Basics explains what criminal law is and how criminal

More information

ONTARIO COURT OF JUSTICE

ONTARIO COURT OF JUSTICE ONTARIO COURT OF JUSTICE B E T W E E N : HER MAJESTY THE QUEEN AND DATE: 2013 11 21 COURT FILE No.: Brampton, File number 3111 999 12 433 01; 02 Citation: R. v. Roofing Medics Ltd., 2013 ONCJ 646 ROOFING

More information

Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME

Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME Bail Law SEEKING THE VIEWS OF VICTIMS OF CRIME Tell us what you think We want to know what you think about bail law. Please answer the questions in this brochure or just tell us about your experience as

More information

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with a crime involving possession of a controlled substance and/or possession of drug paraphernalia, you may be eligible to participate

More information

SPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK

SPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK SPECIAL OPTIONS SERVICES PROGRAM UNITED STATES PRETRIAL SERVICES AGENCY EASTERN DISTRICT OF NEW YORK February 4, 2013 1 I. Introduction The Special Options Services (SOS) Program was established in the

More information

ALBERTA S JUSTICE SYSTEM AND YOU

ALBERTA S JUSTICE SYSTEM AND YOU ALBERTA S JUSTICE SYSTEM AND YOU This brochure will give you the facts about your justice system the major participants and the important roles that each plays. In addition, it will help you better understand

More information

JUVENILE JUSTICE SYSTEM

JUVENILE JUSTICE SYSTEM JUVENILE JUSTICE SYSTEM A delinquency petition is a court document alleging that a juvenile, between ages 10-16, has violated a law which would be a criminal offense if committed by an adult. Disposition

More information

the criminal justice system and child sex offences

the criminal justice system and child sex offences Your children, Your rights a series of legal guides for parents of children who have been sexually abused CHILDREN AND THE LAW the criminal justice system and child sex offences Experiencing and reporting

More information

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER

STUDENT LEGAL SERVICES THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY A GUIDE TO THE LAW IN ALBERTA REGARDING OF EDMONTON COPYRIGHT AND DISCLAIMER COPYRIGHT AND DISCLAIMER A GUIDE TO THE LAW IN ALBERTA REGARDING THEFT, FRAUD AND POSSESSION OF STOLEN PROPERTY version: 2008 STUDENT LEGAL SERVICES OF EDMONTON GENERAL All information is provided for

More information

Consequences of Convictions for Sex Crimes

Consequences of Convictions for Sex Crimes Consequences of Convictions for Sex Crimes Sex Offender Registration Act, Sex Offender Commitment Act, Lifetime Supervision for Sex Offenders SORA 29 Chapter 40 1 Sex Offender Registration Act (SORA):

More information

Criminal Justice (Scotland) Bill [AS INTRODUCED]

Criminal Justice (Scotland) Bill [AS INTRODUCED] Criminal Justice (Scotland) Bill [AS INTRODUCED] CONTENTS Section PART 1 ARREST AND CUSTODY CHAPTER 1 ARREST BY POLICE 1 Power of a constable 2 Exercise of the power Arrest without warrant Procedure following

More information

Increasing the Magistrates Court fine limit Equality Impact Assessment

Increasing the Magistrates Court fine limit Equality Impact Assessment Increasing the Magistrates Court fine limit Equality Impact Assessment Introduction The Ministry of Justice tabled Government amendments at the Commons Report stage of the Legal Aid, Sentencing and Punishment

More information

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application

Criminal Trial. If You Can t Get a Lawyer for Your. How to Make a Rowbotham Application If You Can t Get a Lawyer for Your Criminal Trial How to Make a Rowbotham Application Denied legal aid? Can t afford a lawyer? Facing a serious/complex criminal charge? December 2012 2012, Legal Services

More information

Canadian Law 4. Introduction to Criminal. Law

Canadian Law 4. Introduction to Criminal. Law Canadian Law 4 Introduction to Criminal Law Dimensions of a Crime The main source of criminal law in Canada is the Criminal Code. It describes which acts are offences and also explains their punishments.

More information

2012 No. 1204 POLICE, ENGLAND AND WALES. The Police (Complaints and Misconduct) Regulations 2012

2012 No. 1204 POLICE, ENGLAND AND WALES. The Police (Complaints and Misconduct) Regulations 2012 STATUTORY INSTRUMENTS 2012 No. 1204 POLICE, ENGLAND AND WALES The Police (Complaints and Misconduct) Regulations 2012 Made - - - - 1st May 2012 Laid before Parliament 3rd May 2012 Coming into force - -

More information

CRIMINAL LAW AND VICTIMS RIGHTS

CRIMINAL LAW AND VICTIMS RIGHTS Chapter Five CRIMINAL LAW AND VICTIMS RIGHTS In a criminal case, a prosecuting attorney (working for the city, state, or federal government) decides if charges should be brought against the perpetrator.

More information

Adult Plea Negotiation Guidelines

Adult Plea Negotiation Guidelines From the office of the Rice County Attorney: Adult Plea Negotiation Guidelines Revision June, 2004 1. These guidelines apply to any adult felony defendant case prosecuted by this office, which is not disposed

More information

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014

NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37. Appellant No. 193 MDA 2014 NON-PRECEDENTIAL DECISION - SEE SUPERIOR COURT I.O.P. 65.37 COMMONWEALTH OF PENNSYLVANIA Appellee IN THE SUPERIOR COURT OF PENNSYLVANIA GARY L. GEROW JR. v. Appellant No. 193 MDA 2014 Appeal from the Judgment

More information

CHAPTER 23. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey:

CHAPTER 23. BE IT ENACTED by the Senate and General Assembly of the State of New Jersey: CHAPTER 23 AN ACT concerning treatment for drug and alcohol dependent persons, amending N.J.S.2C:35-14 and N.J.S.2C:44-6, and supplementing Title 2C of the New Jersey Statutes. BE IT ENACTED by the Senate

More information

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS

REHABILITATION OF OFFENDERS CHAPTER 100 REHABILITATION OF OFFENDERS ARRANGEMENT OF SECTIONS [CH.100 1 CHAPTER 100 LIST OF AUTHORISED PAGES 1-2 LRO 1/2008 3-12 Original 13-14 LRO 1/2008 15 Original SECTION ARRANGEMENT OF SECTIONS 1. Short title. 2. Interpretation. 3. Rehabilitated persons and

More information

32 St Georges Terrace PERTH WA 6000 InfoLine: Parole Information Kit

32 St Georges Terrace PERTH WA 6000 InfoLine: Parole Information Kit 32 St Georges Terrace PERTH WA 6000 InfoLine: 1300 650 579 www.legalaid.wa.gov.au Parole Information Kit Table of Contents Introduction... 1 Who should read this kit... 1 Definitions and terms... 2 When

More information

For the Record Fourth Edition

For the Record Fourth Edition For the Record Fourth Edition The Youth Criminal Justice Act For the Record Fourth Edition the Youth Criminal Justice Act Our mission is to provide public legal education and information services with

More information

S G C. Overarching Principles: Domestic Violence. Definitive Guideline. Sentencing Guidelines Council

S G C. Overarching Principles: Domestic Violence. Definitive Guideline. Sentencing Guidelines Council S G C Sentencing Guidelines Council Overarching Principles: Domestic Violence Definitive Guideline FOREWORD In accordance with section 170(9) of the Criminal Justice Act 2003, the Sentencing Guidelines

More information

TORONTO BAIL PROGRAM

TORONTO BAIL PROGRAM TORONTO BAIL PROGRAM Cameron Brown The Toronto Bail Program is a private, non-profit, charitable organization which provides Bail Verification and Supervision services under contract to the Ministry of

More information

YOUTH CRIMINAL JUSTICE ACT CANADA

YOUTH CRIMINAL JUSTICE ACT CANADA YOUTH CRIMINAL JUSTICE ACT CANADA POCKET GUIDE Solicitor General Justice and Attorney General YOUTH CRIMINAL JUSTICE ACT CANADA POCKET GUIDE This pocket guide is provided for your convenience and personal

More information

VICTIMS OF CRIME ACT

VICTIMS OF CRIME ACT Province of Alberta VICTIMS OF CRIME ACT Revised Statutes of Alberta 2000 Current as of November 1, 2013 Office Consolidation Published by Alberta Queen s Printer Alberta Queen s Printer 7 th Floor, Park

More information

PROGRAM AUTHORIZATION

PROGRAM AUTHORIZATION PROGRAM AUTHORIZATION A Restorative Justice Program as set out in the document Restorative Justice: A Program for Nova Scotia, Department of Justice, attached as Schedule "A" ("the Program"), is hereby

More information

Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. Ottawa, November 24, 2005. Speaking Notes

Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness. Ottawa, November 24, 2005. Speaking Notes Standing Committee on Justice, Human Rights, Public Safety and Emergency Preparedness Ottawa, November 24, 2005 Speaking Notes Bill C-215: An Act to amend the Criminal Code (consecutive sentence for use

More information

The Honourable Madam Justice Jacqueline Loignon Ontario Court of Justice. Brigid Luke Public Prosecution Service of Canada

The Honourable Madam Justice Jacqueline Loignon Ontario Court of Justice. Brigid Luke Public Prosecution Service of Canada The Honourable Madam Justice Jacqueline Loignon Ontario Court of Justice Brigid Luke Public Prosecution Service of Canada Angela Stewart Legal Aid Ontario Peter Napier Ministry of Attorney General History

More information

10 Victims and the law 57

10 Victims and the law 57 10 Victims and the law 57 10: Victims and the law This section gives a summary of the law in relation to victims of crime. Introduction The court may call a victim as a witness in a criminal case. However,

More information

YOUTH CRIMINAL JUSTICE ACT

YOUTH CRIMINAL JUSTICE ACT POCKET GUIDE YOUTH CRIMINAL JUSTICE ACT POCKET GUIDE 2013 YOUTH CRIMINAL JUSTICE ACT This pocket guide is provided for your convenience and personal use. Paraphrases, descriptions, and formatting of sections

More information

Canada s Juvenile Justice Law & Children s Rights

Canada s Juvenile Justice Law & Children s Rights Nov. 28, 2004 edited version Canada s Juvenile Justice Law & Children s Rights Prof. Nicholas Bala Faculty of Law, Queen s University Presented at Conference on Making Children s Rights Work: National

More information

SECTION ONE: OVERVIEW

SECTION ONE: OVERVIEW SECTION ONE: OVERVIEW A. Program Goals And Objectives The Nova Scotia Restorative Justice Program has four goals. The Program aims to: 1. Reduce recidivism 2. Increase victim satisfaction 3. Strengthen

More information

Offender Rehabilitation Act 2014

Offender Rehabilitation Act 2014 Offender Rehabilitation Act 2014 CHAPTER 11 Explanatory Notes have been produced to assist in the understanding of this Act and are available separately 9. 75 Offender Rehabilitation Act 2014 CHAPTER 11

More information

Theft Offences Definitive Guideline DEFINITIVE GUIDELINE

Theft Offences Definitive Guideline DEFINITIVE GUIDELINE Theft Offences Definitive Guideline DEFINITIVE GUIDELINE Contents Applicability of guideline 2 General theft 3 (all section 1 offences excluding theft from a shop or stall) Theft Act 1968 (section 1) Theft

More information

APPEAL BOARD DECISION APPEARANCES FOR GOVERNMENT

APPEAL BOARD DECISION APPEARANCES FOR GOVERNMENT KEYWORD: Guideline J; Guideline D DIGEST: Upon cross-examination Department Counsel questioned Applicant about statements he made to the FBI. The statement were in an Army Report of Investigation which

More information

What is DOMESTIC VIOLENCE?

What is DOMESTIC VIOLENCE? What is DOMESTIC VIOLENCE? Domestic violence is a pattern of control used by one person to exert power over another. Verbal abuse, threats, physical, and sexual abuse are the methods used to maintain power

More information

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * *

(1) Sex offenders who have been convicted of: * * * an attempt to commit any offense listed in this subdivision. (a)(1). * * * House Proposal of Amendment S. 292 An act relating to term probation, the right to bail, medical care of inmates, and a reduction in the number of nonviolent prisoners, probationers, and detainees. The

More information

The Victims Code: Young victims of crime: Understanding the support you should get

The Victims Code: Young victims of crime: Understanding the support you should get The Victims Code: Young victims of crime: Understanding the support you should get If you re a victim of crime, support and information is available to help you get through it. The Victims Code is a Government

More information

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000

Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Act No. 3 of 2000 Queensland DRUG REHABILITATION (COURT DIVERSION) ACT 2000 Section TABLE OF PROVISIONS PART 1 PRELIMINARY Page 1 Short title.....................................................

More information

SUPREME COURT OF WISCONSIN

SUPREME COURT OF WISCONSIN 2005 WI 102 SUPREME COURT OF WISCONSIN CASE NO.: 2005AP838-D COMPLETE TITLE: In the Matter of Disciplinary Proceedings Against Joseph Engl, Attorney at Law: Office of Lawyer Regulation, Complainant, v.

More information