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Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"
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Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)
Revision as of 17:58, 9 August 2022
, 17:58, 9 August 2022→2. Adult Sentences
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=== 2. Adult Sentences === | === 2. Adult Sentences === | ||
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)). Prior to changes in Bill C-75, the Crown Counsel was obligated to consider whether it would be appropriate to seek an adult sentence for a young person, over the age of 14 years, who committed a serious violent offence (murder, attempt murder, manslaughter or aggravated sexual assault), and to advise the court of that decision. Provinces could also 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. As of September 19, 2019, the last two points have been repealed. | 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)). Prior to changes in Bill C-75, the Crown Counsel was obligated to consider whether it would be appropriate to seek an adult sentence for a young person, over the age of 14 years, who committed a serious violent offence (murder, attempt murder, manslaughter or aggravated sexual assault), and to advise the court of that decision. Provinces could also 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. As of September 19, 2019, the last two points have been repealed. | ||
The Youth Justice Court shall order that an adult sentence be imposed if Crown Counsel has satisfied the Court that: | The Youth Justice Court shall order that an adult sentence be imposed if Crown Counsel has satisfied the Court that: | ||
<ol type="a"> | <ol type="a"> | ||
<li>The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s 72(1)(a)), and</li> | <li>The presumption of diminished moral blameworthiness or culpability of the young person is rebutted (s. 72(1)(a)), and</li> | ||
<li>A youth sentence would not be of sufficient length to hold the young person accountable for their behaviour (s 72(1)(b)).</li> | <li>A youth sentence would not be of sufficient length to hold the young person accountable for their behaviour (s. 72(1)(b)).</li> | ||
</ol> | </ol> | ||
Although youths can be sentenced as adults the sentencing guidelines are not strictly the same as those that would be utilized in sentencing an adult. In [http://canlii.ca/t/1r1sv ''R v Pratt'', 2007 BCCA 206], the British Columbia Court of Appeal recognized that the court must consider the principles of sentencing in section 3 YCJA when sentencing a youth, including a youth who receives an adult sentence. | Although youths can be sentenced as adults the sentencing guidelines are not strictly the same as those that would be utilized in sentencing an adult. In [http://canlii.ca/t/1r1sv ''R v Pratt'', 2007 BCCA 206], the British Columbia Court of Appeal recognized that the court must consider the principles of sentencing in section 3 YCJA when sentencing a youth, including a youth who receives an adult sentence. | ||
