Also, under section 38(3) of the YCJA it had set out an outline of many factors, which shall be taken into account in determining a youth sentence, one of which is aggravating and mitigating circumstances related to the young person (Youth Criminal Justice Act, 2003, s38 (3)). With respect to this section, one will evaluate how the court system would delegate sentences to youths if the court decided to give a youth sentence. The first charge one will analyze in regards to the movie is theft under $5000 for stealing a hot dog. In the Criminal Code of Canada under section 334 paragraph (b) subparagraph (i) and (ii) it had stated that “except where otherwise provided by law, every one who commits theft is guilty (i) of an indictable offence
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Theft under $5000 is considered a hybrid offence in which the crown prosecutor has a choice as to whether to precede the case as a summary offence or an indictable offence. This is however the charges for an adult if one committed Theft under $5000, in the case of the youths, if the youth court system feels that a youth sentence is appropriate they will be give one but will be slightly different. If the system decided to proceed with this offence as indictable the court may impose a custody and supervision order. From the Youth Criminal Justice Act under 39(1)(d) of the committal custody section it states that “ a youth justice court shall not commit a young person to custody under section 42 (youth sentences) unless the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years“ (Youth Criminal Justice Act, 2003, s39). Also, from the YCJA section 42(2) paragraph (n) it state that the court shall ”make a custody and supervision order with respect to the young person ordering that a period be served in custody and that a second period — which is one half as long as the first — be served and the total of the periods not to exceed two years from the date of the coming into force of the order.”(Youth Criminal Justice Act, 2003, s42
Theft under $5000 is considered a hybrid offence in which the crown prosecutor has a choice as to whether to precede the case as a summary offence or an indictable offence. This is however the charges for an adult if one committed Theft under $5000, in the case of the youths, if the youth court system feels that a youth sentence is appropriate they will be give one but will be slightly different. If the system decided to proceed with this offence as indictable the court may impose a custody and supervision order. From the Youth Criminal Justice Act under 39(1)(d) of the committal custody section it states that “ a youth justice court shall not commit a young person to custody under section 42 (youth sentences) unless the young person has committed an indictable offence for which an adult would be liable to imprisonment for a term of more than two years“ (Youth Criminal Justice Act, 2003, s39). Also, from the YCJA section 42(2) paragraph (n) it state that the court shall ”make a custody and supervision order with respect to the young person ordering that a period be served in custody and that a second period — which is one half as long as the first — be served and the total of the periods not to exceed two years from the date of the coming into force of the order.”(Youth Criminal Justice Act, 2003, s42