R v Owen (a pseudonym) [2020] NSWDC 791

District Court New South Wales

Medium Neutral Citation: R v Owen (a pseudonym) [2020] NSWDC 791 Hearing dates: 8 October 2020 Decision date: 08 October 2020 Jurisdiction: Criminal Before: Haesler SC DCJ Decision: Sentenced to a term of imprisonment of three years nine months. Non parole period of two years. Catchwords: CRIME - aggravated detain with intent to obtain an advantage SENTENCING- relevant factors on sentence - early guilty plea and cooperation - victim impact - young offender - child who must be sentenced at law - positive response to juvenile detention - background of deprivation - should be kept in juvenile detention Legislation Cited: Children (Criminal Proceedings) Act 1987 Crimes Act 1900 Cases Cited: Bugmy v The Queen (2013) 249 CLR 571 Clarke-Jeffries v R [2019] NSWCCA 56 JM v R [2012] NSWCCA 83 KT v R (2008) 182 A Crim R 571 R v GDP (1991) 53 A Crim R 112 Texts Cited: Does Imprisonment Deter? A Review of the Evidence Victorian Sentencing Advisory Council, April 2011 Category: Sentence Parties: Michael Owen (the offender) Director of Public Prosecutions Representation: Counsel: Ms F Jowett (for the offender)

Solicitors: Johnston Legal (for the offender) Ms A Kerr (for Director of Public Prosecutions) File Number(s): 2019/00330259 Publication restriction: The name of the offender is not to be published. In this judgment the offender will be referred to by a pseudonym: s.15A Children (Criminal Proceedings) Act 1987