R v Thomas [2023] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: R v Thomas [2023] NSWChC 3 Hearing dates: 24 February 2023 Date of orders: 24 February 2023 Decision date: 24 February 2023 Jurisdiction: Criminal Before: Children's Magistrate Hayes Decision: Dismissed with caution under section 33(1)(a)(i) Catchwords: CHILDREN – Criminal Law – Youth Koori Court Legislation Cited: Children (Criminal Proceedings) Act 1987 Cases Cited: R v Dickison [2004] NSWCCA 457 R v Hampton [1999] NSWCCA 341 R v Millwood [2012] NSWCCA 2 Category: Principal judgment Parties: Thomas (Young Person) Representation: Mr Kitchen (Prosecutor) Ms Gillies (Young Person) File Number(s): 2022/00311372 Publication restriction: Pseudonyms have been used to protect the identity of the child.

JUDGMENT

Background 1. Thomas is proudly Wiradjuri and Kamilaroi. 2. Thomas, you said you were guilty of: 1. Having a knife at Parramatta Railway station. 2. On a different day you scared your carer by pointing a knife at them. You did this when the Court had told you not to scare your carer. 3. On a different day you scared a person on the train. 4. On a different day you lit a fire on the train. 1. I have a copy of the police facts. I also have your criminal record. 2. Your solicitor, Ms Gillies has said being in detention, taken together with your involvement in the Youth Koori Court is enough penalty, and I should dismiss these matters with a caution. 3. I agree with Ms Gillies and so does the prosecutor, Mr Kitchen. 4. Ms Gillies has also provided me a report from Kerry, the mental health clinician that you spoke to last year. 5. Thomas, first, I am going to talk about your behaviour. 6. Then, I am going to talk about the mental health report. 7. Then, I am going to talk about your participation in the Youth Koori Court. 8. Then, I will tell you what the penalty is. 9. When I have done all these things, we will celebrate your graduation from the Youth Koori Court. 10. If you need a break let me or Ms Gillies know.