QLDIn ForceAct
Youth Justice Act 1992
sec.144Sentencing offender as adult
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### sec.144 Sentencing offender as adult
Subject to subsections (2) and (3) , a court sentencing an offender as an adult under section 140 , 141 or 143 has jurisdiction to sentence the offender in any way that an adult may be sentenced.
The court must have regard to—
the fact that the offender was a child when the child offence was committed; and
the sentence that might have been imposed on the offender if sentenced as a child.
The court can not order the offender—
to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or
to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.
Subsection (3) applies even though an adult would otherwise be liable to a heavier penalty which by operation of law could not be reduced.
s 144 prev s 144 om 2002 No. 39 s 72
pres s 144 (prev s 106) amd 1996 No. 22 s 33 (1) – (2)
renum and reloc 1996 No. 22 s 33 (3)
amd 2002 No. 39 s 47
(sec.144-ssec.1) Subject to subsections (2) and (3) , a court sentencing an offender as an adult under section 140 , 141 or 143 has jurisdiction to sentence the offender in any way that an adult may be sentenced.
(sec.144-ssec.2) The court must have regard to— the fact that the offender was a child when the child offence was committed; and the sentence that might have been imposed on the offender if sentenced as a child.
(sec.144-ssec.3) The court can not order the offender— to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.
(sec.144-ssec.4) Subsection (3) applies even though an adult would otherwise be liable to a heavier penalty which by operation of law could not be reduced.
- (a) the fact that the offender was a child when the child offence was committed; and
- (b) the sentence that might have been imposed on the offender if sentenced as a child.
- (a) to serve a term of imprisonment longer than the period of detention that the court could have imposed on the offender if sentenced as a child; or
- (b) to pay an amount by way of fine, restitution or compensation greater than that which the court could have ordered the offender to pay if sentenced as a child.