Jade M. v Regina [2007] NSWDC 143

New South Wales District Court

CITATION: Jade M. v Regina [2007] NSWDC 143

11-12 September 2006 HEARING DATE(S): 14 September 2006 29 September 2006

JUDGMENT DATE: 8 June 2007

EX TEMPORE JUDGMENT DATE : 26 September 2007

JURISDICTION: Criminal

JUDGMENT OF: Nicholson SC DCJ

DECISION: BREAK & ENTER WITH INTENT COMMIT SERIOUS INDICTABLE OFFENCE; TAKE AND DRIVE CONVEYANCE; BE CARRIED IN CONVEYANCE TAKEN WITHOUT CONSENT;; Severity appeal upheld.; Sentences imposed by Learned Magistrate in respect of each offence is quashed.; In lieu – enter into Good Behaviour Bond for 6 months pursuant to s33(1)(b) Children (Criminal Proceeding) Act.; BREACH OF SUSPENDED COURT ORDER; Take no action.

CATCHWORDS: Criminal Law - Severity Appeal from Childrens' Court - Juvenile Offender - Break Enter with intent - Motor Vehicle theft type offences - finalisation of s 33 (1) (C) bail enforced rehabilitation - Appeal upheld after successful completion of bail.

LEGISLATION CITED: s 33(1) (C) Children (Criminal Proceedings) Act 1987

PARTIES: Jade D. M. Regina

FILE NUMBER(S): 06/32/0466

SOLICITORS: Crown: M/s K. Malley, Office of Director of Public Prosecutions - Newcastle Appellant: Mr North Aboriginal Legal Service

JUDGMENT

1 HIS HONOUR: Jade M. came before me at the Moree District Court, appealing from the severity of sentences imposed upon him by the Children's Court there. He had, with some other young fellows, got himself into a fair bit of trouble and was before the Children's Court for break and enter with intent to commit a serious indictable offence, taking and driving a conveyance, and being carried in a conveyance without consent of the owner.