AHSS 1160 Lecture Notes - Lecture 8: Crown Attorney, Presentence Investigation Report, Indictable Offence
31 Jul 2018
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Document Summary
The purpose of sentencing is stated in section 38(1) of the ycja: This goal is supported by a set of explicit principles, followed by highly detailed rules, to be applied by the courts in deciding on the sentence that is most appropriate in each particular case. Generally, these principles and rules reflect a strong preference for alternatives to detention in custody for convicted young persons. Consistent with the goal reproduced above, the sentencing options emphasize rehabilitation and personal accountability. The principles to be applied in sentencing are set out in sections 38(2) and (3) of the ycja. A youth justice court judge or a justice shall not detain a young person in custody prior to being sentenced as a substitute for appropriate child protection, mental health or other social measures. Section 40(1) of the ycja states that prior to imposing a sentence, if required under the act, the judge must consider a pre-sentence report (psr).
