LAWS 3307 Lecture Notes - Lecture 8: Indictable Offence, Bodily Harm, The Offence
Document Summary
Section 38 (1 the purpose of sentencing. Section 38 (3 factors to be considered. The youth court shall take into account when sentencing youth: the degree of participation by the youth in the commission of the crime (ex: Ex: 17-year-old punching and injuring a 90-year-old lady rather then a. Mitigating = cast the offence in a more sympathetic light. This is why they are called youth custody and supervision sentence. Section 39 four gateways to custody (determining custody eligible: a youth justice court should not commit a young person to custody under. R v c. d / r v cdk (2005 scc) Decision = given that the overall aim is to restrict the custody of youth: A narrow interpretation is needed, so that it doesn"t include offences which are dangerous but unintentionally violent or only potentially violent. Must be against a person, not property.
