I'm sorry to interrupt.
I am reading your proposed wording under paragraph b): “an offence where the circumstances of the offence and the youth, including the youth's prior conduct, demonstrate on a balance of probabilities that the youth:...”.
I have no problem with the repeated criminal behaviour, but I am wondering about this last part. You are saying that it should be left to the court's discretion, considering all the circumstances of the case. Is that right?