5,109
edits
Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
From Clicklaw Wikibooks
Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 19:38, 19 August 2018
, 19:38, 19 August 2018→2. Adult Sentences
| Line 234: | Line 234: | ||
Crown Counsel may make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than 2 years and that was committed after the young person attained the age of 14 years (s 64(1)). Where a young person, over the age of 14 years, commits a serious violent offence (murder, attempt murder, manslaughter or aggravated sexual assault) Crown Counsel must consider whether it would be appropriate to seek an adult sentence and if he/she chooses not to make such an application he/she is required to advise the court of that decision (s 64(1.1)). Provinces can choose to fix an age greater than 14 years but not greater than 16 years for the purpose of this requirement to consider an adult sentence. | Crown Counsel may make an application to the youth justice court for an order that a young person is liable to an adult sentence if the young person is or has been found guilty of an offence for which an adult is liable to imprisonment for a term of more than 2 years and that was committed after the young person attained the age of 14 years (s 64(1)). Where a young person, over the age of 14 years, commits a serious violent offence (murder, attempt murder, manslaughter or aggravated sexual assault) Crown Counsel must consider whether it would be appropriate to seek an adult sentence and if he/she chooses not to make such an application he/she is required to advise the court of that decision (s 64(1.1)). Provinces can choose to fix an age greater than 14 years but not greater than 16 years for the purpose of this requirement to consider an adult sentence. | ||
The | The Youth Justice Court shall order that an adult sentence be imposed if Crown Counsel has satisfied the Court that: | ||
*a. The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and | *a. The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and | ||
*b. A youth sentence would not be of sufficient length to hold the young person accountable for his or her behaviour (s 72(1)(b)). | *b. A youth sentence would not be of sufficient length to hold the young person accountable for his or her behaviour (s 72(1)(b)). | ||
