« Modèle:SOIRA1.1 » : différence entre les versions

De Le carnet de droit pénal
Created page with "On conviction under {{{2}}}, a "primary offence" listed as under s. 490.011(1)(a), a SOIRA Order is ''mandatory'' '''if''' they received a sentence of 2 years or more and the victim is a child. *** If the offender was previously convicted of a "primary offence" the duration is '''life''' (s. 490.012(2)) {{#switch: {{{1}}} | A =*** Otherwise, the duration is '''10 years''' as the offence was "prosecuted summarily or if the maximum term of imprisonment fo..."
 
m 1 version importée
(Aucune différence)

Version du 22 juin 2024 à 15:09

On conviction under {{{2}}}, a "primary offence" listed as under s. 490.011(1)(a), a SOIRA Order is mandatory if they received a sentence of 2 years or more and the victim is a child.

      • If the offender was previously convicted of a "primary offence" the duration is life (s. 490.012(2))

Note that by function of s. 490.011(2) of the Code, SOIRA orders are not available when sentencing under the Youth Criminal Justice Act