R v Harry [2025] NSWChC 3

Children's Court New South Wales

Medium Neutral Citation: R v Harry [2025] NSWChC 3 Hearing dates: 18 February 2025 Date of orders: 18 February 2025 Decision date: 18 February 2025 Jurisdiction: Criminal Before: Children's Magistrate Hayes Decision: Dismissed Catchwords: CHILDREN — CRIME — 100 police interactions — accusatorial system is not focused on the referral to expert services or the reasons why you have been in conflict with the law — doli incapax means the greater the background of disadvantage the less likely a child will be held criminally responsible — the greater the need for intervention the less likely there will be intervention — children under 14 never get to be supervised by Youth Justice — refused to participate or engage with police Legislation Cited: Crimes Act 1900 (NSW) Cases Cited: RP v The Queen (2016) 259 CLR 641 RP v R [2015] NSWCCA 215 Stapleton v The Queen (1952) 86 CLR 358 Category: Principal judgment Parties: Harry (Young Person) Representation: Mr Robinson (Prosecutor)

Mr Wright (Solicitor for Young Person) File Number(s): 2025/00004150 Publication restriction: Pseudonyms have been used to protect the identity of the Young Person.

JUDGMENT

BACKGROUND 1. Harry is the Young Person. 2. Harry is charged with an aggravated break and enter offence, and whilst in the house committed a serious indictable offence in circumstances of aggravation - knowing that there were persons present in the home. The indictable offence is alleged to be the stealing of motor vehicle keys. 3. Harry is also charged with three other offences: steal motor vehicle, knowingly carried in a motor vehicle taken without consent, hinder police and disseminate material to advertise their involvement in an offence – known as a post and boast offence. 4. The offences are under section 112(2), 154 F, 154 A (1)(b), 60(1AA) and 154K(1) of the Crimes Act 1900 (NSW). 5. Harry was aged 13 years. 6. Harry pleaded not guilty. 7. The matter was listed for hearing today. 8. Harry, I am going to firstly talk about the legal system, then about your matter, then if you, your lawyer, and the prosecutor do not mind I can talk about you.