Difference between revisions of "Criminal Offences under the Youth Criminal Justice Act (2:III)"

Criminal Offences under the Youth Criminal Justice Act (2:III) (view source)

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 General deterrence is not a sentencing principle under the ''YCJA''.
+Although all elements listed under 38 (2) should be taken into consideration during sentencing the B.C. Court of Appeal has indicated that there is a hierarchy within that section. R v. S.N.J.S., [2013] B.C.J. No. 1847, the court noted that “to the extent that there is any hierarchy within the principles laid down in s. 38(2), it is (c) which is at the top of that hierarchy”. In S.NJ.S. at paragraphs 26 – 29 the Court reviewed the interplay between s.38(2)(d) and (e) with s. 38(2)(c) and indicated that S.38(2)(e) is subject to s.38(2)(c) and the need to impose a sentence proportionate to the seriousness of the offence and the degree of responsibility of the young person for that offence is at the top of the hierarchy. Further the court indicated that in respect of the criteria within 38(2)(e) there is no hierarchy between the three principles, and there is no reason for a judge to treat (e)(i) as trumping (e)(ii) or (iii). The judge must consider all of those requirements, along with the other principles laid down in s.38(2), and the principles set out in s.3, in determining a sentence. Additionally the court opined that the YCJA is not entirely “offender-centric”(para 28)
 In determining a youth sentence, section 38(3) requires a Youth Justice Court consider: