Victorian Numbered Acts

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CHILDREN, YOUTH AND FAMILIES ACT 2005 (NO 96 OF 2005) - SECT 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 the child not so failed to participate in the group conference.



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