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de Case N.A.J. U. R., 2003 PESCTD 60 (CanLI) Go to Nelson Social Studies more information, In September 2002, N.A.J. and his co- accused were

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de Case N.A.J. U. R., 2003 PESCTD 60 (CanLI) Go to Nelson Social Studies more information, In September 2002, N.A.J. and his co- accused were drinking At trial, N.A.J. pleaded guilty to the charges. The Crown asked for a term of and stole a boat. They by a lengthy probation open custody, followed on and restitution. The defence went for a boat ride asked for a non-custody sentence, restitution, and with two women they community service. The trial judge sentenced N.A.J. met, and they drank to three months' open custody, 20 months' probation, more alcohol. Shortly 80 hours of community service, and nearly $4000 after they had stolen in restitution. it, the boat became N.A.J. appealed the open custody imposed in stuck in buoys, and January 2003 under the Young Offenders Act. He the coast guard and argued that because his appeal was being heard in June 2003, he should be sentenced under the Youth NAJ was sentenced under RCMP were notified. the Young Offenders Act for At the scene, the Criminal Justice Act. stealing a boat and taking it for two young men told joyride. He appealed, arguing the police a false story For Discussion that he should be sentenced about a fifth person 1. under the YCJA instead. When did the YCJA become law, and why who owned the boat. did N.A.J. want to be sentenced under this According to the story, the owner left when the boat legislation? got stuck. Later, the two women told the authorities 2. List three factors working in N.A.J.'s favour that this story was not true. N.A.J. and his friend for having the custody portion of his were arrested and charged with joyriding and causing sentence overturned. 3 . damage to property. What factor is not favourable for N.A.J. to N.A.J. was 16 years old, a first-time offender, and have the custody portion of his sentence had left school in Grade 7. At the time of his hearing, overturned? he had been employed with a government department 4. N.A.J.'s appeal was allowed and the custody for nearly eight months. He blamed his behaviour on provision was overturned. Do you agree? his surroundings, his associates, and excessive use of Why or why not? alcohol. He was also concerned about compensating the boat's owner for damages to the boat

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