R v Linda [2022] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: R v Linda [2022] NSWChC 3 Hearing dates: 12 August 2022 Date of orders: 12 August 2022 Decision date: 12 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: KT v R [2008] NSWCCA MS2 & Ors v Regina [2005] NSWCCA 397 Muldrock v The Queen [2011] 244 CLR R v Henry [1999] 46 NSWLR 346 R v Pogson [2012] NSWCCA 225 Category: Principal judgment Parties: Young Person New South Wales Police Force Representation: Mr Berger (Prosecutor) Ms Hudson-Buhagiar (Young Person) File Number(s): 2021/00014490 2021/00066451 2021/00102574 2021/00189599 2021/00303675 Publication restriction: Pseudonyms have been used to protect the identity of the child.

Judgment

Background 1. Linda is proudly Noonuccal and Worimi. 2. Linda pleaded guilty to Affray x1, Assault Occasioning Bodily Harm x 5 and Assault. 3. The Police facts refer to 26 prior charges. 4. The facts assert that Linda is part of a juvenile criminal network, and the offences place the community at extreme risk. Linda has 8 breaches of bail. 5. Linda was 13 or 14 years old at the time of offending. 6. Linda was referred to the Youth Koori Court (YKC). 7. Linda is now 15. 8. Linda graduates YKC today. 9. Prior to graduation the Court must finalise all charges.