Factors Which May Affect Sentencing under The Young Offenders Act

The Criminal Code of Canada, the Young Offenders Act and other statutes contain maximum penalties only. Actual sentence imposed will be within the maximum for the specific offence or offences and will be based on many factors.

Please note that the Sentences Imposed on Young Offenders Tables show a spectrum or range of probable sentences based on the history of previous dispositions in the Ontario Court (Provincial Division) Family Court at Brampton. Consult a lawyer to assist you in preparation for sentencing. Your lawyer will gather evidence for sentencing purposes and make persuasive submissions to the Court respecting your unique case. Some of the following factors may be considered by your lawyer, by the Crown, and by the Court in imposing sentence under the Young Offenders Act.

Of what offence or offences, if any, is the young person really guilty?

Are alternative measures available?

Does the young person have a prior Youth Court record?

Is this incident a serious example or a minor example of the offence?

The absence or presence of aggravating factors.

	Premeditation, planning
	Position of trust
	Age and vulnerability of victim
	Alcohol involved
	Degree of force
	Repeated Acts
	Sanctity of the home
	Weapon used
	Several offenders, gang
	Accused as leader
	Profit motive
	Nature of drug

The absence or presence of mitigating factors.

	Provocation
	Good character otherwise
	Guilty plea
	Remorse
	Spontaneity
	Background of Offender
	Age of Offender
	Willingness for rehabilitation
	Mental Capacity
	Intoxication
	Nature of criminal record
	Amount or value stolen or damaged
	Assisting Authorities

Sentencing on other charges at the same time.

The sentence received by a co-accused.

Supportive parents present in Court.

A good or bad pre-disposition report.

The young person's general character and reputation in the community.

	Character witnesses at Court
	Character reference letters
	Position taken by the complainant or victim

Criminal or other behaviour pending disposition

A treatment plan.

In what way did the parents already discipline the young person as a result of the incident.

The position taken by the the Crown as to appropriate sentence.

A joint submission by the Crown and defence.

The need for specific deterrence (does a custodial term need to be imposed to discourage this young person from offending again?) .

Prevalence of the crime in the community

	Does the Crown have evidence that this crime is a serious problem in the community?
	Is there a government initiative to "crack down" on this crime?

The need for general deterrence (does a custodial term need to be imposed to discourage other young persons and adults from committing a similar crime?)

Contact your lawyer for help on sentencing:

Stephen R. Biss, B.A., LL.B.

Barrister and Solicitor

470 Hensall Circle
Mississauga, Ontario
L5A 1X7

905-273-3322
E-mail: biss@lawyers.ca

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Advertisement. Any legal opinions expressed at this site relate to the Province of Ontario, Canada only. If you reside or carry on business in any other jurisdiction please consult a lawyer, solicitor, or attorney in your own jurisdiction. WARNING: All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The author disclaims any and all liability resulting from reliance upon such information. You are strongly encouraged to seek and retain professional legal advice before relying upon any of the information contained herein.