At trial, N.A.J. pleaded guilty to the charges. The IN Crown asked for a term of open custody, followed g by a lengthy probation and

At trial, N.A.J. pleaded guilty to the charges. The
IN
Crown asked for a term of open custody, followed
g
by a lengthy probation and restitution. The defence
lasked for a non-custody_sentence, restitution, and
community service. The trial judge sentenced N.A.J.
to three months’ open custody, 20 months’ probation,
80 hours of community service, and nearly $4000
in restitution.
N.A.J. appealed the open custody imposed in
January 2003 under the Young Offenders Act. He
argued that because his appeal was being heard in
June 2003, he should be sentenced under the Youth
Criminal Justice Act.
For Discussion
1. When did the YCJA become law, and why
did N.A.J. want to be sentenced under this
legislation?
2. List three factors working in N.A.J.’s favour
for having the custody portion of his
sentence overturned.
3. factor is not favourable for N.A.J. to
have the custody portion of his sentence
overturned?
4. N.A.J.’s appeal was allowed and the custody
provision was overturned. Do you agree?
Why or why not?