LAWS 3307 Lecture Notes - Lecture 10: Aggravated Sexual Assault, Indictable Offence, Juvenile Court
Document Summary
No reasonable alternative to custody (s. 39(2)) this is a measure of last resort, in the criminal code as well but covered in the ycja. Not used as a social measure (s. 39(5)) not as an alternative because they don"t have a healthy home environment. Must meet one of the following gateways to custody (39(1): the young person has committed a violent offence; R. e. w case of kid that lived with a violent adult involved in disposing of the body not the killing itself. Narrow way to look at cases truly has to be exceptional. Violent offence is the same as serious violent offence (s. 2) except . There doesn"t have to be bodily harm for it to be violent could be threats, assault. Violent offence that is just a threat to cause harm is still custody eligible: the young person has failed to comply with non-custodial sentences; Requires the accused has received at least 2 separate non- custodial sentences (see r. v. w. s. c. , sask.
