201Proof beyond reasonable doubt

201 Proof beyond reasonable doubt

(1) On the summary hearing of a charge for an offence, whether indictable or summary, the Children's Court must be satisfied of a child's guilt on proof beyond reasonable doubt by relevant and admissible evidence.

See also section 141 of the Evidence Act 2008.

(2) If the Court is not satisfied in accordance with subsection (1), it must dismiss the charge.

Chapter 7—Sentencing

Part 7.1—Sentencing principles

202 Court must have regard to sentencing principles and general common law principles or rules in sentencing a child

(1) In sentencing a child for an offence, a court, as far as is reasonably practicable and appropriate in the circumstances, must have regard to—

(a) the sentencing principles*,* to the extent that each principle is relevant; and

(b) subject to subsections (2) and (3), the general common law principles or rules applicable to the sentencing of children.

A court is not to take into account the guiding youth justice principles in sentencing a child—see section 17(2).

(2) In the event of inconsistency between any of the sentencing principles and the general common law principles or rules applicable to the sentencing of children, the sentencing principles take precedence to the extent of the inconsistency.

(3) The common law principle of general deterrence does not apply to the sentencing of a child under this Act.