Exemptions from Mandatory Minimum Penalties

You are asked to: - exercise due diligence in ensuring the accuracy of the materials reproduced; - indicate both the complete title of the materials reproduced, as well as the author organization; and - indicate that the reproduction is a copy of an official work that is published by the Government of Canada and that the reproduction has not been produced in affiliation with, or with the endorseme [...] This is the case, for example, in the State of Montana where the Code creates an exception to mandatory minimum sentences for offenders who were less than 18 years of age at the time of the commission of the offence.39 In the States of Washington and Oregon, the exception to the application of mandatory minimum penalties applies explicitly to sentences imposed upon any person waived from the juven [...] Should a court decide to impose a minimum sentence upon a child who, at the time of the commission of the offence, was 16 years or older, but under the age of 18 years, the court has, in terms of s. 51(3)(b), to enter its reasons for its decision on the record of the proceedings. [...] However, in Jan Hendrik Brandt v The State the Supreme Court of Appeal held that the legislative scheme entails that the fact that an offender is under 18 although over 16 at the time of the offence automatically confers a discretion on the sentencing court which is more free to depart from the prescribed minimum sentence.46 As a result, the sentencing court is generally free to apply the usual se [...] If the court grants the motion, the sentencing judge is free to depart anywhere below the minimum recommended by the guidelines.52 The judge’s decision regarding the appropriate reduction may rest on such things as the significance and usefulness of the defendant’s assistance; the truthfulness, completeness, and reliability of the information provided; the nature, extent, and timeliness of the def