R v BE [2023] NSWSC 1007

Supreme Court New South Wales

Medium Neutral Citation: R v BE [2023] NSWSC 1007 Hearing dates: 9 August 2023 Date of orders: 23 August 2023 Decision date: 23 August 2023 Jurisdiction: Common Law Before: R A Hulme AJ Decision: Sentenced to imprisonment for 15 years and 6 months with a non-parole period of 10 years. Catchwords: CRIME – sentencing - juvenile offender – murder – plea of guilty – youth gang bashing of child – assault captured on video and posted on social media – offence of great seriousness – reduced moral culpability on account of background and immaturity of youth – doubtful prospects of rehabilitation – special circumstances to allow for parole flexibility Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), Pt 3 Div 4, ss 6, 19(1) Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), Pt 4 Div 2A, s 44(2) Cases Cited: R v KT [2008] NSWCCA 51 R v SLD [2002] NSWSC 758 R v SLD (2003) 58 NSWLR 589; [2003] NSWCCA 310 Category: Principal judgment Parties: Rex (Crown) BE (Offender) Representation: Counsel: P Hogan (Crown) S Hall SC (Offender)

Solicitors: Solicitor for Public Prosecutions NSW (Crown) Karim Criminal Defence Lawyers (Offender) File Number(s): 224215/2021 Publication restriction: Non-publication order in respect of the identity of adult co-accused persons until the completion of proceedings involving a jury against those persons.