When sentencing a young offender, a sentencing judge must give express consideration to the principles governing sentencing of juveniles under s 6 of the Children (Criminal Proceedings) Act 1987, including the greater emphasis on rehabilitation; mere reference to the offender's age as a mitigating factor under s 21A(3) is insufficient. The commission of a crime of considerable gravity does not, in and of itself, justify treating a young offender as an adult — the subjective circumstances must also support that conclusion. Violence cannot be treated as an aggravating factor under s 21A(2)(b) when it is an element of the offence charged.
The full text is available to signed-in members, including the 15 later cases that cite this judgment.
3 of the 15 citing cases carry a classified treatment. How each court treated it is available to signed-in members.