Excerpt from Newsletter 2008-14 – Read the latest newsletter (the full version is available to CriminalSource subscribers).

Presumptive Offences, Adult Sentences and Fundamental Justice

The presumption of an adult sentence upon conviction of a presumptive offence and the shift in onus to the young person to justify a youth sentence contravene two principles of fundamental justice:

i. the presumption of diminished moral blameworthiness or culpability of young persons; and

ii. the requirement that P prove beyond a reasonable doubt any aggravating factors upon which it relies in the sentencing of offenders.

The relevant provisions, ss. 62, 63, 64(1) and (5), 70, 72(1) and (2), and s. 73(1) YCJA are not saved by s. 1.

R. v. B. (D.), May 16, 2008, Doc. 31460, 2008 CarswellOnt 2708, 2008

CarswellOnt 2709 (S.C.C.)

See, Tremeear’s Annotated Criminal Code, YCJA, ss. 62-64, Charter Considerations, ss. 72-73, Charter Considerations.

Raise the bar on legal research with CriminalSource. Fast, simple, reliable and comprehensive – our service reflects our philosophy. CriminalSource delivers extensive finding tools, full integration and linking, plus multiple search options. CriminalSource … indepth content and powerful functionality that allow flexibility in work style, and so elegantly simple to use that it really does let you work the way you think. Subscribe now!