Victorian Consolidated Legislation

Children, Youth and Families Act 2005 - SECT 362

Matters to be taken into account

362. Matters to be taken into account



(1) In determining which sentence to impose on a child, the Court must, as far
as practicable, have regard to-

   (a)  the need to strengthen and preserve the relationship between the child
        and the child's family; and

   (b)  the desirability of allowing the child to live at home; and

   (c)  the desirability of allowing the education, training or employment of
        the child to continue without interruption or disturbance; and

   (d)  the need to minimise the stigma to the child resulting from a court
        determination; and

   (e)  the suitability of the sentence to the child; and

   (f)  if appropriate, the need to ensure that the child is aware that he or
        she must bear a responsibility for any action by him or her against
        the law; and

   (g)  if appropriate, the need to protect the community, or any person, from
        the violent or other wrongful acts of the child.

(2) In passing sentence on a child who has appeared before the Family Division
or who is or has been the subject of an order of the Family Division
(including a therapeutic treatment order), the Court must not impose a
sentence more severe than it would have imposed had the child not so appeared
or been the subject of such an order.





(3) If a child has participated in a group conference and has agreed to the
group conference outcome plan, the Court must impose a sentence less severe
than it would have imposed had the child not participated in a group
conference.

(4) If sentencing of a child is deferred for the purpose of the child's
participation in a group conference and the child has failed to participate in
the group conference, the Court must not impose a sentence more severe than it
would have imposed had sentencing not been so deferred.

(5) If, in sentencing a child, the Court imposes a less severe sentence than
it would otherwise have imposed because of an undertaking given by the child
to assist, after sentencing, law enforcement authorities in the investigation
or prosecution of an offence, the Court must-

   (a)  announce that it is doing so; and

   (b)  cause to be noted in the records of the Court the fact that the
        undertaking was given and its details.

(6) Nothing in subsection (5) requires the Court to state the sentence that it
would have imposed but for the undertaking that was given.