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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 20:08, 29 August 2016
, 20:08, 29 August 2016→2. Adult Sentences
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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: | ||
*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. | *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)). | ||
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 ''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 ''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. | ||