Story of James
James is 16 years old. He has recently been released from the youth detention centre for crashing a stolen car into a 7-11 store. He is still on probation. He must go to school, keep a 9 p.m. curfew, and stay out of trouble. He has been smoking a lot of marijuana since his release from the centre.

James and a friend break into a house to steal some money for drugs. During the break-in, the homeowner arrives and surprises them. As James flees, he kills the homeowner. James is later found guilty of manslaughter.

James has a criminal history which includes:

• Auto theft
• Break and enter
• Mischief
• Three counts of theft under $5000

Legal background

• Offenders, aged 14 years and older, may receive an adult sentence if convicted of serious violent offences punishable by more than two years in jail for an adult.
• An adult sentence is presumed if a young person is convicted of murder, attempted murder, manslaughter, aggravated sexual assault or if they are convicted of a third offence that a judge has ruled as a serious, violent offence.

(Source: New Directions in Youth Justice: "Story of James" p.27)

Answer the following questions, assuming that James lives in British Columbia:

1. Could James be tried as an adult? YES or NO
2. Does the fact that James is 16 years old keep him from getting an adult sentence? YES or NO
3. Is it up to James to persuade the court that a youth sentence could hold him accountable or responsible? YES or NO
4. Could James choose to have a trial by a judge and have a preliminary inquiry if an adult sentence is sought? YES or NO

Find out the answers.
Answers: 1) NO; 2) NO; 3) YES; 4) YES