R v Nerri [2022] NSWChC 2

Children's Court New South Wales

Medium Neutral Citation: R v Nerri [2022] NSWChC 2 Hearing dates: 26 August 2022 Date of orders: 26 August 2022 Decision date: 26 August 2022 Jurisdiction: Criminal Before: Children's Magistrate Hayes Decision: Dismissed under section 33 (1)(a). Catchwords: CHILDREN – Criminal Law – Youth Koori Court Legislation Cited: Children (Criminal Proceedings) Act 1987 Cases Cited: Bugmy v R [2013] HCA 37 JT v R [2011] NSWCA RL v R [2015] NSWCCA 106 Texts Cited: Australian Law Reform Commission Report 84 Category: Principal judgment Parties: Young Person New South Wales Police Force Representation: Mr Perry (Prosecutor) Mr Clifford (Young Person) File Number(s): 2019/00146073 2019/00146073 Publication restriction: Pseudonyms have been used to protect the identity of the child.

Judgment

Background 1. Nerri is proudly Kamilaroi and Yuin. 2. Nerri complied with her Action and Support Plan. 3. Nerri graduates Youth Koori Court (YKC) today. 4. Prior to graduation the Court must finalise all charges.

Submissions 1. Mr Clifford prepared a summary of factors that the Court must consider on sentence; and the Court does. 2. Mr Clifford refers to the High Court decision of Bugmy v R [2013] HCA 37, sentencing principles in JT v R [2011] NSWCA and the section 6 principles in the Children (Criminal Proceedings) Act 1987. 3. Mr Clifford submits that the Court should dismiss each offence under section 33 (1)(a). 4. Mr Perry does not wish to be heard. 5. The Court agrees with Mr Clifford.