R v AR [2022] NSWCCA 5

Court of Criminal Appeal Supreme Court New South Wales Medium Neutral Citation: R v AR [2022] NSWCCA 5 Hearing dates: 27 August 2021 Date of orders: 1 February 2022 Decision date: 01 February 2022 Before: Meagher JA Wright J Fagan J Decision: (1) Appeal allowed. (2) Vacate the order of Grant DCJ made 24 March 2021 that no conviction be recorded in respect of Sequence 2, aggravated take and detain for advantage contrary to s 86 of the Crimes Act 1900, and confirm the order made by his Honour in respect of the said offence on 18 February 2021. (3) Leave granted to the respondent to cross-appeal against sentence and to amend the cross-appeal by adding ground 3 as formulated during the hearing of the cross-appeal on 27 August 2021. (4) The respondent's cross-appeal against sentence is dismissed. Catchwords: SENTENCING – Penalties – Community Service Order – Whether conviction must be recorded SENTENCING – Sentencing procedure – Correction of sentence – Whether error of law in sentence originally passed SENTENCING – Sentencing procedure – Offence by child under 16 years – Where dealt with according to law – No discretion to refrain from entering conviction as required for Community Service Order Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) Crimes Act 1900 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW) Criminal Appeal Act 1912 (NSW) Cases Cited: Achurch v The Queen (2014) 253 CLR 141; [2014] HCA 10 Bungie v R [2015] NSW CCA 9 HA & SB v The Director of Public Prosecutions (2003) 57 NSWLR 653; [2003] NSWSC 347 Maxwell v The Queen (1996) 184 CLR 501 R v WKR (1993) 32 NSWLR 447 Category: Principal judgment Parties: Regina (applicant) AR (respondent) Representation: Counsel: B Baker (applicant) M Johnston SC (respondent)