Presumptive offence
Filed Under: Criminal Law
This was a concept used prior to the 2012 amendments to refer to an offence for which there was a presumption that an adult sentence would be imposed on a youth, namely murder, attempted murder, manslaughter, aggravated sexual assault, or a third serious violent offence. However, the Supreme Court ruled that this presumption was unconstitutional (R. v. D.B., 2008 SCC 25), and this concept was abolished in the 2012 amendments.