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| Patrick J Ducharme |
Section 71 and 72 of the YCJA
The court is required at the commencement of the sentencing hearing to hold a hearing in respect of an application under subsection 64(1) (application for an adult to sentence) unless the court has received notice that the application is not opposed. Both parties and the parents of the young person are given an opportunity to be heard at the hearing.
The youth court will only order an adult sentence to be imposed if it is satisfied that the presumption of diminished moral blameworthiness or culpability of the young person is rebutted, and 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. If the court is not satisfied that an order should be made that an adult sentence be imposed it shall order that the young person will only be subject to a youth sentence.
The above is the an excerpt of Patrick J Ducharme’s book, Canadian Criminal Procedure, available at Amazon or in bulk through MedicaLegal Publishing along with Criminal Trial Strategies.
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