What is the test for making a determination that an offence was a serious violent offence?

Ontario, Canada


The following excerpt is from R. v. K.K., 2011 ONCJ 382 (CanLII):

[14] In R v. K.G.B., 2005 NBCA 96, R.H., J.A. wrote at para. 29 that: “The determination that an offence was a serious violent offence must be made if facts properly proven or agreed to convince the youth justice court judge beyond a reasonable doubt that: (1) in the commission of the offence, the young person caused: (a) physical or psychological injury or hurt; and, (b) such injury or hurt interfered in a substantial way with the physical or psychological integrity, health or well-being of a victim; or, (2) in the commission of the offence, the young person attempted to cause physical or psychological injury, that, if caused, would reasonably be expected to have interfered in a substantial way with the physical or psychological integrity, health or well-being of a victim.”

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