YCJA Pocket Guide - Government of Nova Scotia
YCJA Pocket Guide - Government of Nova Scotia
YCJA Pocket Guide - Government of Nova Scotia
Create successful ePaper yourself
Turn your PDF publications into a flip-book with our unique Google optimized e-Paper software.
Adult Sentences Notice <strong>of</strong> intention 56<br />
Application by the Crown<br />
for an adult sentence<br />
Crown may seek an AS s.64(1)<br />
s.64(1)<br />
The Crown may seek an AS for a YP who was 14 or<br />
older at the time <strong>of</strong> the <strong>of</strong>fence, and has been found<br />
guilty <strong>of</strong> an <strong>of</strong>fence for which an adult is liable to<br />
imprisonment for more than 2 years. s.64(1)<br />
Crown must consider an AS s.64(1.1)<br />
The Crown must consider making an application for an<br />
AS if the <strong>of</strong>fence is a SVO and the YP was 14 years or<br />
older at the time <strong>of</strong> the <strong>of</strong>fence. If the Crown will not<br />
make an application they must advise the youth justice<br />
court before a plea or, with leave, before the trial<br />
begins. s.64(1.1)<br />
When to make the application<br />
The Crown makes an application in the youth justice<br />
court before evidence is called on sentencing or, if no<br />
evidence is called, before submissions are made on<br />
sentencing. s.64(1)<br />
Notice requirements<br />
The requirements for notice must also be met.<br />
ss.64(2)&81<br />
Included <strong>of</strong>fences s.69(2)<br />
The Crown may also seek an AS for a YP who was 14<br />
or older at the time <strong>of</strong> the <strong>of</strong>fence, and has been found<br />
guilty <strong>of</strong> an included <strong>of</strong>fence for which an adult is liable<br />
to imprisonment for more than 2 years. s.69(2)<br />
A notice <strong>of</strong> intention to seek an AS for an <strong>of</strong>fence is<br />
also considered notice for any included <strong>of</strong>fence for<br />
which an adult could be imprisoned for more than<br />
2 years. s.69(2)<br />
Hearing: adult or youth sentence ss.71& 72<br />
General rules<br />
Purpose<br />
The purpose <strong>of</strong> a hearing under s.71 is to determine<br />
whether the court will impose an AS or a youth<br />
sentence under s.72(1) or 72(1.1).<br />
Opportunity to be heard<br />
The youth justice court will make sure that the YP, the<br />
Crown, and the YP’s parent have an opportunity to be<br />
heard at the hearing to determine whether to impose<br />
an AS or a youth sentence. s.71<br />
Onus on the Crown<br />
The onus is on the Crown to satisfy the youth justice<br />
court that the requirements <strong>of</strong> s.72(1) are met. s.72(2)<br />
Pre-sentence Report<br />
The court MUST consider a pre-sentence report in<br />
making an order under s.72(1) or (1.1). s.72(3)<br />
Adult Sentences Notice <strong>of</strong> intention 57
Change language