YCJA Pocket Guide - Government of Nova Scotia

Youth Sentences Factors to consider 28
Factors the court must consider
in determining a youth sentence
a
s.38(3)
the degree the YP has participated in the offence
b the harm done to the victims and whether it was
intentional or reasonably foreseeable
c
any reparation the YP has made to the victim or the
community
d any time the YP has already spent in detention as a
result of the offence
e
f
previous findings of guilt against the YP
AND
any other aggravating and mitigating circumstances
relevant to the purpose and principles of youth
sentencing
Restrictions on custody
s.39(1)
The court must NOT impose a custodial sentence
UNLESS at least one of the following conditions is met
a
the YP has been found guilty of a violent offence
b the YP has failed to comply with non-custodial
sentences
c
the YP has committed an indictable offence for
which an adult would be liable to imprisonment for
a term of more than 2 years and has a history that
indicates a pattern of either extrajudicial sanctions
or of findings of guilt or both
OR
d in EXCEPTIONAL cases, if the offence is indictable
and the aggravating circumstances would make a
non-custodial sentence inconsistent with the
purpose and principles of youth sentencing set out
in s.38
Note: If one of paragraphs 39(1)(a),(b) or (c) applies
• the court MUST consider all alternatives to custody
that were raised at the sentencing hearing and that
are reasonable in the circumstances
AND
• MUST NOT impose a custodial sentence unless
it determines that no reasonable alternative or
combination of alternatives would achieve the
purpose and principles of sentencing set out in
ss.38 & 39(2)
Youth Sentences Restrictions on custody 29