Youth Criminal Justice Act

Marginal note:Order of adult sentence

• 72 (1) The youth justice court shall order that an adult sentence be imposed if it is satisfied that

  • (a) the presumption of diminished moral blameworthiness or culpability of the young person is rebutted; and

  • (b) a youth sentence imposed in accordance with the purpose and principles set out in subparagraph 3(1)(b)(ii) and section 38 would not be of sufficient length to hold the young person accountable for his or her offending behaviour.

• Marginal note:Order of youth sentence

  (1.1) If the youth justice court is not satisfied that an order should be made under subsection (1), it shall order that the young person is not liable to an adult sentence and that a youth sentence must be imposed.

• Marginal note:Onus

  (2) The onus of satisfying the youth justice court as to the matters referred to in subsection (1) is on the Attorney General.

• Marginal note:Pre-sentence report

  (3) In making an order under subsection (1) or (1.1), the youth justice court shall consider the pre-sentence report.

• Marginal note:Court to state reasons

  (4) When the youth justice court makes an order under this section, it shall state the reasons for its decision.

• Marginal note:Appeal

  (5) For the purposes of an appeal in accordance with section 37, an order under subsection (1) or (1.1) is part of the sentence.