Have you or your child been Charged with a “Category A” Serious Youth Offence?
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Category A Serious Youth Offence
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Category B Serious Youth Offence
What does it mean to be charged with a Category A Offence?
A Category A serious youth offence encompasses a range of serious criminal offences defined in the Criminal Procedure Act, 2009 (“CPA”).
These include, but are not limited to:
- Murder
- Attempted murder
- Manslaughter
- Child homicide
- Homicide by firearm
- Specific serious offences against the Crimes Act 1958 (“CA”), such as:
- Offences under various Commonwealth laws, including those related to terrorism.
What is the Definition of a Child:
Under the Children, Youth and Families Act 2005, (“CYFA”), a “child” is defined as a person who is:
- Under 18 years of age and at least 10 years old at the time of the alleged offence.
- Not including individuals who are 19 or older when proceedings commence.
General Rule for Hearing Charges:
Section 356 of the CYFA states that the Children’s Court typically must hear and determine indictable charges summarily (i.e., in a less formal and quicker process) for most Category A serious youth offences, except for six specific death-related offences (murder, attempted murder, manslaughter, child homicide, arson causing death, culpable driving causing death).
Conditions for Summary Hearing:
For a Category A serious youth offence to be heard summarily:
- Either the child or the prosecution must request it.
- The Court must be satisfied that the sentencing options available are sufficient for the offence.
- At least one of the following must apply:
- It is in the victim’s interest to have the matter heard summarily.
- The accused has cognitive impairment or mental illness.
- There are substantial and compelling reasons for summary hearing.
Uplift to Higher Courts
Mandatory Uplift:
Certain offences, particularly those involving death, must be heard in a higher court:
- Murder
- Attempted murder
- Manslaughter
- Child homicide
- Arson causing death
- Culpable driving causing death
Presumption of Uplift for Older Youth:
For individuals aged 16 years or older charged with specific Category A serious offences (e.g., aggravated home invasion, aggravated carjacking), there is a presumption that the case will be heard in a higher court.
Sentencing Considerations
Restrictions on Sentencing:
A court cannot impose a youth justice centre or youth residential centre order for a young offender convicted of a Category A serious youth offence unless exceptional circumstances exist. A young offender is defined as someone under 21 at the time of sentencing.
What is the difference between Category A and Category B Serious Youth Offences?
The distinction between Category A and Category B offences in Victoria primarily relates to the severity of the offences and the associated legal processes.
Examples include:
- Nature of Offences
- Category A Offences:
- These are considered the most serious youth offences and include crimes that typically involve severe harm or potential for fatal outcomes. Examples include:
- Murder
- Attempted murder
- Manslaughter
- Child homicide
- Arson causing death
- Culpable driving causing death
- Offences against the Crimes Act that involve significant violence or grave consequences also fall under this category.
- These are considered the most serious youth offences and include crimes that typically involve severe harm or potential for fatal outcomes. Examples include:
- Category B Offences:
- These are serious but less severe than Category A offences. They encompass serious crimes that can cause significant harm but generally do not result in death. Examples include:
- Recklessly causing serious injury in circumstances of gross violence
- Rape
- Home invasion
- Carjacking
- These are serious but less severe than Category A offences. They encompass serious crimes that can cause significant harm but generally do not result in death. Examples include:
- Legal Proceedings
- Category A Offences:
- Cases involving Category A offences must be heard in a higher court (such as the County Court or Supreme Court). There is a mandatory uplift for charges like murder, attempted murder, and manslaughter, meaning they cannot be heard summarily in the Children’s Court.
- Category B Offences:
- Generally, these charges can be heard in the Children’s Court through a summary process. However, if a child aged 16 or over is charged with a Category B offence, the court must consider whether there are exceptional circumstances that warrant transferring the case to a higher court
- Sentencing Implications
- Category A Offences:
- Sentencing for Category A offences is typically more severe, reflecting the serious nature of the crimes. The court may impose lengthy sentences, including potential imprisonment.
- Category B Offences:
- Sentencing options for young offenders charged with Category B offences are more restrictive if they have previous convictions for serious offences. A court cannot impose a youth justice centre or youth residential centre order for a young offender previously convicted of a Category A or B offence unless exceptional circumstances exist.
- Judicial Discretion
- Category A Offences:
- The judicial process is more rigid due to the severity of the crimes, leaving less room for discretion in how cases are handled.
- Category B Offences:
- There is some flexibility in how these cases are processed and sentenced, particularly concerning summary hearings and potential uplifts to higher courts.
Summary
In essence, being charged with a Category A serious youth offence in Victoria involves severe legal implications, including the potential for the case to be escalated to higher courts. The system emphasises both the seriousness of the offences and the need for a fair approach to youth offenders, balancing accountability with the opportunity for rehabilitation where possible. The legislative framework provides specific guidelines to ensure that serious offences are treated with the gravity they warrant while considering the developmental stage of the accused.
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Ropes
-
Non-Accountable Undertaking
-
Accountable Undertaking
-
Good Behaviour Bond
-
Fines
-
Probation
-
Youth Supervision Order (YSO)
-
Youth Attendance Order (YAO)
-
Imprisonment
-
Youth Detention
-
Criminal Charges
-
Parole
-
Child been Charged with a Crime
-
Category A Serious Youth Offence
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Category B Serious Youth Offence
Testimonials
What people Say
St Kilda, Victoria 3182
1800 130 120
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I found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and h... Read MoreI found myself again before the magistrates court for an indictable offence, I was worried about receiving a jail sentence because of my age and history, but once I spoke to Jasmin Dhillon and the MK Law team, all my worries were taken away! Jasmin took the time to explain to me the process and kept me informed every step of the way, she has a deep understanding of the law and a genuine heartfelt commitment to achieving the best possible outcome for her clients. Thanks to her hard work and expertise, we achieved a no conviction outcome which has enabled me to continue working hard and pursue my dream career! I am forever grateful for their service and would highly recommend the MK Law team to anyone in need of legal assistance, they are truly dedicated and one of a kind in their field. Read Less55/5
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Thanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖Fi... Read MoreThanks Marcus Denning for being with me from start to end and to give me a fantastic outcome from my trial..👏👏👏🎖🎖🎖🎖🎖🎖First time getting charged, didn't know what to do. I was like a fish out of water. Started to research some law firms and mk law popped did some background checks and found good info about the firm. So I stuck with them and i don't regret nothing about my experience with mk law..... Read Less55/5
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Professional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyon... Read MoreProfessional. Transparent. Experienced. Marcus Denning left no stone unturned, sealing a complete win at trial. Our experience at MK LAW was beyond exceptional. Read Less55/5
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I recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Ma... Read MoreI recently used the services of Marie Lukic of MK law. She is very professional, dedicated and knowledgeable lawyer. Extremely grateful to have Marie who did exceptional job. I would highly recommend Marie Lukic of MK law firm. 👍 Read Less55/5
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When you choose MK Law, you can be confident that an expert will be fully dedicated to your case or your child’s case. We recognise that every situation is unique, and our lawyers take the time to listen, understand, and develop a tailored strategy that aligns with your specific needs. Our goal is to ensure that you receive the fairest and most just outcome possible, advocating fiercely on your behalf throughout the legal process.
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Our team will represent you at every stage of the court proceedings, providing steadfast support and guidance. We understand how daunting it can be to face legal challenges, especially for young individuals. That’s why we strive to create a supportive environment where you can feel comfortable discussing your concerns and options. We will keep you informed every step of the way, ensuring you understand the legal proceedings and what to expect.
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In addition to representation, MK Law offers expert advice on the best possible defences available to you. Our lawyers are well-versed in youth justice laws and are equipped to analyse your case from all angles. We will work diligently to identify the most effective strategies, whether that involves negotiating plea deals, presenting evidence, or challenging the prosecution’s case. Our aim is to safeguard your rights and ensure that your voice is heard in the courtroom.
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At MK Law, we believe in the power of justice and the importance of giving young people a second chance. Our passionate team is dedicated not just to winning cases but to making a positive impact on the lives of our clients. We are here to guide you through this challenging time and strive for outcomes that foster growth and rehabilitation.
Contact MK Law today on 1800 130 120 to learn how we can assist you or your child in navigating the complexities of the criminal justice system with confidence and expertise.
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At MK Law Firm, we understand how overwhelming it can be when you or your child is charged with a “Category A” Serious Youth Offence. Our skilled and compassionate legal team is here to guide you through every step of the legal process, ensuring your rights are protected and your case is handled with care.
We provide expert advice, strong representation, and tailored legal solutions to help achieve the best possible outcome for your case.
For immediate assistance, contact MK Law Firm at 1800 130 120. We also offer 24/7 Free Legal Advice, so you can get the support you need—anytime, anywhere.
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- 2/212 Barkly Street, St Kilda Victoria, 3182 Australia
- 1800 130 120
- marcus@mklawfirm.com.au