PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16

Supreme Court New South Wales

Medium Neutral Citation: PD v Director of Public Prosecutions (NSW) [2025] NSWSC 16 Hearing dates: 4 February 2025 Date of orders: 4 February 2025 Decision date: 06 February 2025 Jurisdiction: Common Law Before: Basten AJ Decision: (1) Set aside the aggregate sentence imposed by the President of the Children's Court on 18 March 2024. (2) In relation to items 1-10 in the Table of Offences (Ex 3), being charges H92305772-1; H75536405-1; H75536405-4; H91294360-1; H294576097-1; H294576097-2; H76622361-1; H92576818-1; H76571659-1 and H166600402-1, impose a fixed term aggregate control order for a period of 12 months to commence on 7 August 2023. (3) In relation to items 11-19 in the Table of Offences (Ex 3), being charges H97102516-4; H97102516-5; H81303581-2; H78470623-10; H78470623-11; H78470623-12; H417455894-1; H417455894-5 and H94918746-1, impose an aggregate control order for a period of 2 years to commence on 7 August 2024, expiring on 6 August 2026, with a non-parole period of 6 months, expiring on 6 February 2025. (4) List the matter for delivery of reasons at 10:00am on Thursday 6 February 2025. (5) Dismiss the summons filed on 30 October 2024. Catchwords: APPEAL – sentence appeal – penalty for young person in Children's Court – whether penalty excessive – aggregate control order imposed for multiple offences – some offences objectively serious – favourable personal circumstances of offender – whether commencement date to be backdated to account for presentence custody CRIME – Children's Court – sentencing – control order – period not to exceed 2 years unless accumulating on existing order – aggregate control order subject to 2-year limit – limit of 3 years applicable only to new order extending term of existing order CRIMINAL PROCEDURE – appeals – appeal from Presidential Children's Court to District Court – deemed appeal to Supreme Court – criminal proceeding – rules governing civil proceedings inapplicable Legislation Cited: Children (Criminal Proceedings) Act 1987 (NSW), ss 6, 18, 28, 33, 33A, 33C Children (Criminal Proceedings) Amendment Act 1989 (NSW), Sch 1 Children (Criminal Proceedings) Amendment Act 2008 (NSW), Sch 1 Children's Court Act 1987 (NSW), ss 3, 6A, 22A Children (Detention Centres) Act, s 29 Civil Procedure Act 2005 (NSW), ss 3, 9, Sch 3 Crimes Act 1900 (NSW), ss 51B, 112, 154A, 188, 195 Crimes (Administration of Sentences) Act 1999 (NSW) s 158 Crimes (Appeal and Review) Act 2001 (NSW), s 11 Crimes (Domestic and Personal Violence) Act 2007 (NSW), s 13 Crimes (Sentencing Procedure) Act 1999 (NSW), ss 3, 45, 53A, 53B, 54D, 58 Crimes (Sentencing Procedure) Amendment Act 2010 (NSW), Sch 2 Road Transport Act 2013 (NSW), s 117 Children's Court Regulation 2019 (NSW), cl 6 Children's Court Regulation 2024 (NSW), cl 4 Uniform Civil Procedure Rules 2005 (NSW), Pt 50, r 50.3 Cases Cited: Huynh v R [2024] NSWCCA 61 JH v R [2019] NSWSC 192 R v XY (CCA, 15 June 1992) BC9203259 RC v Director of Public Prosecutions [2016] NSWSC 665 Wiggins v R [2010] NSWCCA 30 Texts Cited: NSW Legislative Assembly, Parliamentary Debates (Hansard), 5 April 1989 Category: Principal judgment Parties: PD (Appellant) Director of Public Prosecutions (NSW) (Respondent) Representation: Counsel: I Morrison (Appellant's advocate) P Madden (Respondent)