Court must have regard to sentencing principles and general common law principles or rules in sentencing a child
202 Court must have regard to sentencing principles and general common law principles or rules in sentencing a child
In sentencing a child for an offence, a court, as far as is reasonably practicable and appropriate in the circumstances, must have regard to—
the sentencing principles, to the extent that each principle is relevant; and
subject to subsections (2) and (3), the general common law principles or rules applicable to the sentencing of children.
Note
A court is not to take into account the guiding youth justice principles in sentencing a child—see section 17(2).
In the event of inconsistency between any of the sentencing principles and the general common law principles or rules applicable to the sentencing of children, the sentencing principles take precedence to the extent of the inconsistency.
The common law principle of general deterrence does not apply to the sentencing of a child under this Act.
This Act’s bill:Explanatory memorandumSecond reading speech
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