LAWS 3307 Lecture Notes - Lecture 10: Juvenile Court, Indictable Offence, Fundamental Justice
Document Summary
Parliament is imprisonment for life, three years from the date of coming into force of the order; Custody is twice as long as supervision, therefore 2/3 custody, 1/3 supervision. Murder, attempted murder, manslaughter or aggravated sexual assault: s. 2(1)(b) category 2: 14 years old or more, and serious violent offence, and adult charged with same offence could get 2 years +, and at least 2 previous convictions for serious violent offences: v. b. (d. ) (may 16, 2008, scc) This case stated that everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice. This entitles them to a presumption of diminished moral blameworthiness or culpability. This presumption is the principle at issue here and it is a presumption that has resulted in the entire youth sentencing scheme, with its unique approach to punishment.
