R. v. J.P.

canada, canadian, case law, court opinion, canlii, onca, 2026onca641, 2026 onca 641 (canlii), 2026, onca, 641, (canlii), coa-26-cr-0552, 2026, criminal and statutory offences, sentencing, youth sentence, possession of a prohibited device, criminal code, s. 92(2), sentence imposed as 12 months’ open custody followed by 12 months’ probation, leave to appeal sentence granted on consent, appeal allowed and sentence varied, appeal allowed, criminal and statutory offences, youth sentencing, illegal sentence, youth criminal justice act, s. 42(2)(n), whether youth court judge erred by imposing a 12, month custodial sentence without apportioning custody and community supervision, failure to follow mandatory custody and community supervision structure treated as legal error, sentence varied to apportion term, appeal allowed, criminal and statutory offences, youth sentencing, available custodial sanctions, youth criminal justice act, s. 42(2)(n), s. 42(2)(p), whether the only custodial sanction that could have been imposed was a custody and community supervision order, deferred custody and supervision order maximum six months and sentence exceeded that length, custody and supervision order applied, appeal allowed, criminal and statutory offences, youth sentencing, apportionment, youth criminal justice act, s. 42(2)(n), s. 42(4), mandatory ratio of two, thirds custody and one, third community supervision, whether the custodial portion should be 8 months’ open custody followed by 4 months’ community supervision, sentence varied to state custodial and community portions, appeal allowed