BREAKING NEWS: SCOC rules Crown must prove why youth crimes deserve adult sentences
Fri, 2008-05-16 10:23.
The Supreme Court of Canada has ruled the Crown must prove young offenders deserve adult sentences, saying they should be presumed less morally culpable for their crimes than adults.Listen to Brian Lilley's report
At issue was a provision in the Youth Criminal Justice Act that forced youths convicted of some serious crimes including murder, manslaughter and aggravated sexual assault to convince the court they should not be sentenced as adults.
The Supreme Court ruled 5-4 today that this reverse onus provision is a breach of fundamental justice and of the Charter rights of young offenders.
The judgment does not mean adolescents cannot be given adult sentences but it is now up to the Crown to prove why a stiffer sentence is warranted.
Reports by CFRB's Brian Lilley
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