Chuck's Case — Assault (youth) — Appeal Granted

Between
Her Majesty the Queen, and
Chuck H.

[1995] O.J. No. 2770

Ontario Court of Appeal
Toronto, Ontario
Judges Morden, Galligan, and Doherty

22 September 1995
(5 paras.)
On appeal from Order of Justice Guay (1 March 1995)

¶ 1     MORDEN J. (endorsement):  The trial judge's reasons for disposition provide a detailed and careful analysis of a very difficult sentencing problem.

¶ 2     We recognize that the principle of proportionality does not apply with the same force in the disposition of young offenders as it does in the sentencing of those convicted of criminal offences:  R. v. M. (J.J.) (1993) 81 C.C.C. (3d) 487 at 494-5.

¶ 3     Accepting this proposition, we think that in the circumstances of this case which involved a thirteen year old first offender, the total disposition (one year) is so disproportionate that it cannot stand.

¶ 4     We would grant leave to appeal and reduce the sentence to time served (7 months including the pre-conviction period of incarceration).

¶ 5     We would leave the probation order imposed by the trial judge, save we would delete the requirement that the appellant write a letter of apology to the victim of the assaults.

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