R v CL [2022] NSWChC 5

Children's Court New South Wales

Medium Neutral Citation: R v CL [2022] NSWChC 5 Hearing dates: 6 May 2022; 6 June 2022 Date of orders: 9 September 2022 Decision date: 09 September 2022 Jurisdiction: Criminal Before: Judge Ellen Skinner, President of the Children's Court of New South Wales Decision: 1. The Prosecution evidence is capable of satisfying a jury beyond reasonable doubt that the accused committed the charged offences: see [49] 2. The charges may not properly be disposed of in a summary manner: see [95] Catchwords: CHILDREN – criminal proceedings – application of s 31(3) Children (Criminal Proceedings) Act 1987 (NSW) CRIMINAL PROCEDURE – summary disposal – considerations in determining when an indictable offence may not properly be disposed of in a summary manner STATUTORY INTERPRETATION – meaning of 'detained' under s 33A(4) Children (Criminal Proceedings) Act 1987 (NSW) – finding that detained means the period of time detained in a facility under a control order Legislation Cited: Children's Court Act 1987 (NSW) s 7 Children (Criminal Proceedings) Act 1987 (NSW) ss 12, 12(3), 12(4), 18, 18(1A), 31, 31(2), 31(3), 31(3A), 31(5), 31(2B), 31 (3B), 33(2), 33A, 33A(4) Children (Detention Centres) Act 1987 (NSW) ss 3, 24 Crimes Act 1900 (NSW) ss 97(1), 112(2) Crimes (Sentencing Procedure) Act 1999 (NSW) ss 3A, 21A, 58 Cases Cited: R v WRK (1993) 32 NSWLR 447 JIW v DPP (NSW) [2005] NSWSC 760 The Queen v Hillier (2007) 228 CLR 618 The Queen v Baden-Clay (2016) 258 CLR 308 Texts Cited: Macquarie Dictionary (online at 23 August 2022) Murray Gleeson, 'The Meaning of Legislation: Context, Purpose and Respect for Fundamental Rights' (2009) 20 PLR 26 Category: Procedural rulings Parties: Rex (Crown) CL (The Young Person) (Accused) Representation: Solicitor for the Director of Public Prosecutions (Crown) Jalal Ahmad Razi, Trial Advocate, Aboriginal Legal Service (Accused) Emma Hudson-Buhagiar, Solicitor, Aboriginal Legal Service (Accused) File Number(s): 2021/00127964 Publication restriction: Pseudonyms have been used to protect the identity of the accused and other young persons