SELECTED CASE LAW
NOVA SCOTIA:
In 1996 NSCA 159, Mr. W, a 15-year-old boy, threw rocks through his teacher’s window, threw eggs at his property, and made harassing phone calls to him using profane language and telling him to watch out. He planted a homemade bomb in another teacher’s car, which detonated and cause significant damage to the vehicle. A police search located shot gun shells in Mr. W’s possession. Mr. W was found guilty of damaging property, making harassing calls, possessing explosives, and failing to comply with a probation order.
The Crown appealed the original sentence, which was varied. The court held that the trial judge had failed to consider aggravating factors including the young person’s lengthy criminal record and disrespect and disregard for the law and adults who wished to help him. His open custody sentence was extended from 4.5 months to 8 months, and his probation was extended from 12 months to 16 months. Additional orders including a requirement to attend school, a prohibition from drugs and alcohol, a curfew, and a requirement to attend counselling.
Criminal Offence(s): Harassing Communications