R v J.S.S [2009] NSWDC 268

New South Wales District Court

CITATION: R v J.S.S [2009] NSWDC 268

HEARING DATE(S): 05/03/2009, 27/03/2009 and 03/04/2009

JUDGMENT DATE: 21 August 2009

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: Convicted: sentenced to imprisonment 2years 3months; non parole period 15 months.

CATCHWORDS: Criminal Law - Sentencing - State offence - aggravated robbery - aged 23 at time of sentencing - aged under 17 at time of offending - sentenced at law - s.11 bail orders made when offender serving balance of parole - bail order revoked - female victim - alone in car park late at night - seriously violent offence - first episode of offending conduct - subsequent offences - serious alcohol abuse issues - strong family support.

Crimes (Sentencing Procedure) Act LEGISLATION CITED: Children's (Criminal Procedure) Act Crimes Act 1900

CASES CITED: Hearne (2007) 124 AcrR 457

PARTIES: Regina J.S.S

FILE NUMBER(S): 2008/11755

SOLICITORS: Crown: Ms A Arul - O DPP Defence: Mr Wilson

JUDGMENT 1. On 27 March 2009 J.S.S was before the Court anticipating the granting of a s 11 to bail on his matter to which he had pleaded guilty. That was a charge of aggravated robbery of Gillian B on 4 July 2003 at Eastgardens Shopping Centre at Pagewood.

2. The evidence before the Court was that the offender was serving a nine month custodial sentence commencing on 28 April 2008 for a subsequent offence. His status in respect of this offence was bail refused.

3. The offender and his uncle gave evidence. Each in his own way presented as an impressive witness. I will need to return to their evidence later.

4. In the circumstances, I canvassed with the Crown whether it would regard s 11 bail for a twelve month period as falling into appealable error by me. The Crown, fairly, in my view, accepted in the total circumstances of this case that a s 11 bail for the purpose of seeing whether J.S.S could show any prospects of rehabilitation was an appropriate outcome. On that day I made orders pursuant to s 11 of the Crimes (Sentencing Procedure) Act granting bail. That bail contained stringent conditions and required J.S.S to report his progress to the Court on at least three occasions during the bail period.