J. THE COURT OF APPEAL FOR SASKATCHEWAN HER MAJESTY THE QUEEN CORAM: The Honourable Mr. Justice Cameron The Honourable Mr. Justice Lane The Honourable Madam Justice Jackson COUNSEL: D. SZAKACS for the respondent, D.M. BROWN Q.C., for the Crown. DISPOSITION: Appeal Heard: February 24, 1995 Appeal Allowed: February 24, 1995 (oral) Reasons: March 1, 1995 On Appeal From: Provincial Court Appeal File: 6491 Reasons by: The Honourable Madam Justice Jackson In concurrence: The Honourable Mr. Justice Cameron and The Honourable Mr. Justice Lane JACKSON J.A. The Crown appealed the disposition imposed on B.D.L., a young offender, following his guilty plea to four Criminal Code offences. The four offences were: (i) escaping lawful custody, contrary to s. 145(1)(a); (ii) stealing property valued at more than $1,000, contrary to s. 334(a); (iii) dangerous driving, contrary to s. 249(1)(a); and (iv) possession of stolen property valued at more than $1,000, contrary to s. 355(a). For these offences, B.D.L. received, in total, a five months closed custody disposition on October 17, 1994 concurrent to a nine month open custody disposition previously imposed on September 17, 1994. Shortly after B.D.L. started to serve his nine month open custody disposition, he escaped custody. He, along with another young offender, took truck from the parking lot of residence in Indian Head. police officer saw them in this stolen vehicle in the early hours of October 9, 1994. When the police officer tried to stop them, they accelerated away and police chase began. After speeding, including turning corners at high speeds, B.D.L. and the other young offender fled on foot when the truck they were driving hit the side of an attached garage. On October 11, 1994, another police officer found B.D.L. in another stolen vehicle the steering column of which had been dismantled. B.D.L. was raised by his maternal aunt following the early death of his parents. Since April 14, 1993, he has been involved in series of offences. His record includes one count of sexual assault, five counts of theft or possession of stolen property and four counts of failure to comply or to appear. All offences committed after the first set of charges have also been in breach of probation. B.D.L. turned 18 on October 13, 1994. We are all of the view, having regard for the age of the offender, his previous record and the nature of the offences committed, notably the escape custody and dangerous driving, that a five month secure custody disposition, concurrent to an existing disposition, was not fit. In arriving at this conclusion we have considered our decisions in R. v. Shane B. (unreported, issued December 6, 1994, court file nos. 6436, 6411, 6372 and 6427) and R. v. M.(J.C.) (unreported, issued December 6, 1994, court file no. 6451). Accordingly, the disposition of five months is set aside and one year secure custody, again concurrent to the nine month open custody sentence, substituted. We note B.D.L. has made some progress in secure custody, but, given its recent nature, it is better tested in review process at later date than by us at this time.
The accused, a young offender, was convicted of escaping lawful custody, theft of property valued in excess $1,000.00, dangerous driving and being in possession of stolen property. A Provincial Court Judge sentenced him to 5 months closed custody concurrent with a sentence of 9 months open custody which he was serving at the time of his escape. The Crown appealed. HELD: Appeal allowed. 1)The accused had a lengthy record as a young offender and turned 18 two days after the commission of the last of the offences for which he was being sentenced. 2)The Court substituted a sentence of 12 months closed custody, concurrent with the 9 months open custody which he was already serving.