R v S.P., 1996 NBJ No 125 NBQB

Appeal from sentence.

Fifteen-year-old boy pleaded guilty to charge of causing suffering or injury to a cat. Boy sentenced to six months secure custody and further eight months’ open custody consecutive for failing to comply with probation order. Boy also placed on 12 months’ probation. Boy had prior criminal record and history of drug abuse and satanic practices.

Youth was convicted under the Young Offenders Act of causing injury to an animal and breach of probation. Facts of the offence aren’t clear except that it involved a cat and the accused practiced satanism. He was sentenced to 6 months secure custody for the injury and 8  months open custody for the breach. He had a lengthy youth court record. The sentence was reduced to 6 months secure custody and 12 months probation. The trial judge had intended to impose the maximum sentence but the maximum was 6 months secure. The trial judge’s reasoning was appropriate to ensure a rehabilitative sentence.

Accused appealing sentence on ground disposition prohibited by statute. Appeal allowed. Six months’ secure custody for probation offence and six months open custody for charge of causing suffering to animal.