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Youth Justice Act 2005
81Principles and considerations to be applied to youth offenders
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81 Principles and considerations to be applied to youth offenders
(1) When sentencing a youth who has been found guilty of an offence,
the Court must:
(a) have primary regard to any impact of the offence on each
victim of the offence; and
(b) also have regard to:
(i) the principles applying generally for disposing of charges
for offences, except as those principles are modified by
this Act; and
(ii) the general principles of youth justice set out in
section 4.
(2) The Court must consider any information about the youth or the
offence that may assist the Court to decide how to dispose of the
matter, and in particular must consider:
(a) the nature and seriousness of the offence; and
(b) any history of offences previously committed by the youth; and
(c) the youth's cultural background; and
(d) the age and maturity of the youth; and
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(e) any previous order in relation to an offence that still applies to
the youth, and any further order that is liable to be imposed if
the youth has not complied with the terms of the previous
order; and
(f) the extent to which any person was affected as a victim of the
(3) The Court must dispose of the matter in a way that is in proportion
to the seriousness of the offence.
(4) The Court must have regard to the fact that the rehabilitation of a
youth may be facilitated by:
(a) the participation of the youth's family; and
(b) giving the youth opportunities to engage in educational
programs and in employment,
but the absence of such participation or opportunities must not
result in the youth being dealt with more severely for the offence.
(5) The Court must take into account whether the youth has taken
steps to make amends with any of the victims of the offence.