Victorian Repealed Acts

This legislation has been repealed.

Children and Young Persons Act 1989 - SECT 139

Matters to be taken into account

139. 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, 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.





Subdivision 2-Undertaking