How have the courts interpreted the presumption that a young offender should not be considered a criminal?
British Columbia, Canada
The following excerpt is from R. v. Gray, 2002 BCPC 58 (CanLII):
The case of Regina v. W.D. illustrates how legal presumptions can be wrongly applied and constitutional safeguards rendered meaningless. There are convicts who are in jail because they have pleaded guilty, like W.D. did. It is the incorrect application of the law that labeled W.D. a young offender and may yet label him a criminal. This boy was considered a thief who disobeyed court orders.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is a statement made by a young offender to his aunt in the presence of a police officer in their home in violation of s. 146 of the Young Offenders’ Charter of Justice? (British Columbia, Canada)
In what circumstances will a civil court require a higher degree of probability than it would require for a criminal court to consider whether negligence was established? (British Columbia, Canada)
In what circumstances will the Supreme Court in BCSC 871 interpret the principles of the Court of Appeal in the context of the Canadian Court of Justice's decision on the doctrine of common law? (British Columbia, Canada)
What factors will the court consider when considering retroactive variation of an interim child support order? (British Columbia, Canada)
How have the courts interpreted the meaning of the word "summons" in s. 98 of the Canadian Criminal Code? (British Columbia, Canada)
When considering a long-term mental health case, is it possible for the court to consider a single clinical record? (British Columbia, Canada)
How have the courts interpreted the evidentiary presumptions in the context of an allegation of intent to pervert the course of justice? (British Columbia, Canada)
In what circumstances will the Court of Appeal in the Supreme Court consider 4 costs considerations? (British Columbia, Canada)
How have courts interpreted the interpretation of a "deposit clause" in standard form contracts? (British Columbia, Canada)
What is the effect of s. 52(1) of the Criminal Code of Canada's Criminal Code when a court issues a declaration of invalidity? (British Columbia, Canada)
