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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 19:05, 16 August 2021
, 19:05, 16 August 2021→1. Youth Sentences
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*c. The sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence, | *c. The sentence must be proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence, | ||
*d. All available sanctions other than custody should be considered, with particular attention to the circumstances of Aboriginal young persons, | *d. All available sanctions other than custody should be considered, with particular attention to the circumstances of Aboriginal young persons, | ||
*e. | *e. Subject to paragraph (c) the sentence must: | ||
**i. be one that is the least restrictive, the most likely to rehabilitate and that will promote a sense of responsibility in the young person and an acknowledgement of the harm done to the victim(s) and society. None of these factors should be considered in isolation from each other, the other principles in 38(2), or the purposes and objectives of the act as a whole. | |||
**e.1. Any condition imposed as a part of the sentence can only be imposed only if it is necessary to achieve the purpose set out in s 38(1), if the young offender would reasonably be able to comply with it, and if it is not used as a substitute for appropriate child protection, mental health or other social measures. (in force on December 18, 2019.) | **e.1. Any condition imposed as a part of the sentence can only be imposed only if it is necessary to achieve the purpose set out in s 38(1), if the young offender would reasonably be able to comply with it, and if it is not used as a substitute for appropriate child protection, mental health or other social measures. (in force on December 18, 2019.) | ||
*f. | *f. Subject to paragraph (c), the sentence may have the objective to denounce unlawful conduct and deter the young person from committing offences. | ||
General deterrence is not a sentencing principle under the ''YCJA''. | General deterrence is not a sentencing principle under the ''YCJA''. | ||
