R v BL [2024] NSWSC 51

Supreme Court New South Wales

Medium Neutral Citation: R v BL [2024] NSWSC 51 Hearing dates: 12 December 2023, 30 January 2024 Date of orders: 6 February 2024 Decision date: 06 February 2024 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 — murder — juvenile offender — 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 — remorseful — reasonable prospects of rehabilitation — special circumstances to allow for parole flexibility as offender matures Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW) ss 6, 19(1), Pt 3 Div 4 Crimes (High Risk Offenders) Act 2006 (NSW) Crimes (Sentencing Procedure) Act 1999 (NSW), s 44(2) Cases Cited: KT v R [2008] NSWCCA 51 R v BE [2023] NSWSC 1007 R v SLD [2002] NSWSC 758 R v SLD (2003) 58 NSWLR 589; [2003] NSWCCA 310 Category: Principal judgment Parties: Rex (Crown) BL (Offender) Representation: Counsel: P Hogan (Crown) N Steel (Offender)

Solicitors: Director of Public Prosecutions (NSW) (Crown) Guirguis Legal (Offender) File Number(s): 223946/2021

JUDGMENT 1. BL is a child who is to be sentenced for the murder of Jason Galleghan at Doonside on 4 August 2021. 2. Murder is a "serious children's indictable offence" which must be dealt with according to law rather than under Pt 3, Div 4 of the Children (Criminal Proceedings) Act 1987 (NSW). [1] 3. The maximum penalty for murder is life imprisonment. Standard non-parole periods do not apply where the offender is a child. 4. I have previously sentenced a co-offender who was also a child: R v BE [2023] NSWSC 1007. Because of the similarities between the two cases these sentencing remarks will replicate quite a deal of what I said then. As in that case, for reasons I have discussed with counsel, this judgment has no value as a comparator aside from consideration of parity of sentencing of co-offenders.